United States District Court, E.D. Washington
FREMMING NIELSEN, SENIOR UNITED STATES DISTRICT JUDGE
Court received a note from the jury indicating that after
about six hours of deliberations they had reached an impasse.
Court convened. Defendant was present with his counsel
Richard Wall and Assistant United States Attorney Scott Jones
was also present, with intern Emily Sauvageau. After
discussing the note with counsel the Court asked the jury
back into the courtroom. The Court queried the presiding
juror who confirmed that the jury was hopelessly deadlocked.
Upon further questioning the presiding juror indicated that
further deliberations would not be fruitful. The Court polled
the jury. Each juror confirmed the presiding juror's
agreed that the Court should declare a mistrial due to the
deadlock. The Court found that the jury was hopelessly
deadlocked and declared a mistrial. After the jury was
excused, the parties discussed scheduling. The Court has
reviewed the file and is fully informed. This Order is
entered to memorialize and supplement the oral rulings of the
Court. Accordingly, IT IS ORDERED that:
trial shall be held October 29, 2018, at 10:00 a.m.,
in Spokane, Washington.
time from the declaration of a mistrial on July 26, 2018, to
the new trial date of October 29, 2018, is
EXCLUDED for speedy trial calculations
pursuant to 18 U.S.C. § 3161(e) and (h)(7). The case was
previously declared complex.
final pretrial conference and motion hearing shall be held
October 29, 2018, at 8:30 a.m., in Spokane,
updated trial materials shall be filed and served on or
before October 15, 2018.
parties are requested to submit courtesy copies of witness
and exhibit lists to the Court no later than 12:00
noon the Monday before trial.
additional pretrial conference shall be held October
3, 2018, at 8:00 a.m., in Spokane, Washington.
(a) All additional motions shall be filed and served no later
than September 7, 2018.
(b) Responses shall be filed and served no later than
September 21, 2018.
Indigent Defendant's requests for issuance of subpoenas
and payment of costs and fees for trial witnesses shall be
filed no later than ten days before trial, excluding weekends
following procedures shall be utilized at trial:
(a) The Court will conduct the majority of jury voir dire but
allow counsel ten minutes to ask additional questions or to
do a more in depth ...