USA v. Keyes
Filing
84
Order, Set Deadlines/Hearings
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA
Plaintiff,
vs.
3-12-cr-041-TMB-JDR
FIRST
PRETRIAL SCHEDULING
ORDER
ISRAEL KEYES,
Defendant.
Counts 1 of the (3 Count) First Superseding Indictment (Docket No. 14)
charging defendant Keyes with kidnaping resulting in death (18 U.S.C, § 1201(a)(1))
is punishable by sentence of death. 18 U.S.C. § § 2119; 924(j) and 3591. The case
has been declared complex by the trial judge. See Docket No. 77. Trial by jury in
this case is currently set for March 11, 2013. Accordingly, upon due consideration
of the parties’ Status Reports filed at Dockets 82 and 83 respectively, scheduling
and pretrial motion deadlines are hereby addressed below.
The Department of Justice (DOJ) has developed procedures by which
the decision to seek a sentence of death is reached, vesting the ultimate decision
with the Attorney General of the United States. Pursuant to 18 U.S.C. § 3593 the
United States must serve notice to the court and the defendant within a reasonable
time before trial of its intent to seek a death sentence should the United States
believe that circumstances justify a sentence of death. The DOJ procedure requires
the United States Attorney to prepare a memorandum for the Attorney General’s
Capital Review Committee, and provide an opportunity to the defendant to submit
evidence and arguments in mitigation to the United States Attorney and the
Committee prior to any decision being made by the Attorney General. The court
assumes that the prosecutors will follow the current United States Attorney Manual
Guidelines in whether to seek the death penalty.1
The DOJ procedures require the United States Attorney to prepare a
memorandum for the Attorney General’s Capital Review Committee before the
ultimate decision to seek or not seek the death sentence is made by the Attorney
General of the United States. The procedures further provide an opportunity for the
defendant to meet and submit evidence and argument in mitigation to both the
United States Attorney and the Committee prior to any decision being made by the
Attorney General. In the interest of justice the court with the concurrence of the
parties does hereby establish a schedule for the resolution of whether the
government will seek the death penalty.
1.
No later than July 20, 2012, the United States Attorney shall
serve a copy of its proposed report on counsel for Mr. Keyes.
2.
On or before August 21, 2012, defendant Keyes shall submit his
arguments and evidence to the United States Attorney in favor of mitigation.
3.
The United States Attorney for the District of Alaska is expected
to submit his recommendation and any supporting memorandum concerning
whether the death penalty is sought to the Capital Review Committee on or before
September 21, 2012.
The Attorney General is expected to have a decision on
whether the death penalty is sought by the government by the end of the calendar
1
The manual warns that the guidelines do not create any substantive rights
for a criminal defendants.
12-cr-041-TMB-JDR KEYES First Pretrial Scheduling Order_mtd.wpd
2
year 2012. The government will then file its notice under 18 U.S.C. § 3593(a) that
the government will seek the death penalty, or file a notification on the record with
a copy to the defendant that it will not seek the death penalty.
The court believes that this schedule allows reasonable time for counsel
for the parties to discharge their respective duties with respect to the question of
whether the death penalty should be sought, giving due regard to the factual
complexity of the case. The court recognizes that scheduling extensions may be
necessary to accommodate full development of facts related to the guilt and
aggravating factors as the case proceeds.
4.
Based upon the above expectations the following schedule for
pretrial motion practice is set:
The government to produce Rule 16(a)(1) discovery (defendant’s
statements): July 6, 2012.
A.
No later than August 6, 2012 the following pretrial motions are
due: (1) challenges to the validity of the indictment; (2)
unresolved discovery matters necessitating motion practice; (3)
bill of particulars.
B.
No later than September 4, 2012: motions for disclosure of
confidential informants;
C.
No later than October 1, 2012: suppression of statements by the
defendant.
D.
No later than October 16, 2012: suppression of evidence seized
without warrants.
E.
No later than November 1, 2012: Wiretaps Motions regarding
Ceiling and Minimization, and Wiretap motions regarding
necessity requirements.
12-cr-041-TMB-JDR KEYES First Pretrial Scheduling Order_mtd.wpd
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F.
No later than November 13, 2012: (1) challenges to arrests or
search warrants.
G.
No later than December 15, 2012: motions to sever counts.
H.
No later than January 11, 2013 (both parties): Rule 702 motions
and disclosure of written summaries of testimony from expert
witnesses discoverable under the Federal Rules of Criminal
Procedure or case law.
I.
No later than January 22, 2013: motions in limine.
J.
Rebuttal expert notices: February 11, 2013 (one month before
trial).
K.
Jencks and Giglio Disclosure Deadline: February 11, 2013.
L.
Inspection of trial documents and objects, made available by
parties: February 11, 2013.
5.
Oppositions to motions shall be due 14 days after the motion
is filed. Any replies to a motion listed above shall be due 7 days after the filing
of any response. Evidentiary hearings or arguments shall be scheduled promptly
as needed.
6.
The court will require the presence of the defendant in court for
all evidentiary hearings and hearings on dispositive motions.
Unless otherwise
ordered the court is not likely to require the defendant’s physical presence for
hearing(s) addressing scheduling or a status hearing.
7.
In order to keep the court and the parties fully advised on matters
affecting the progress of the case toward its ultimate disposition the court will hold
regular status conferences to be held approximately every 45 days. Accordingly,
status hearings in this cause are hereby set for 9:30 AM on Monday, July 9, 2012;
Thursday,
August
23,
2012;
Tuesday,
October
9,
2012;
Wednesday,
November 21, 2012; Monday, January 7, 2013; and Thursday, February 21, 2013.
12-cr-041-TMB-JDR KEYES First Pretrial Scheduling Order_mtd.wpd
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(Further status conferences will be set as needed). Counsel may arrange for
telephonic appearance by calling 907-677-62312. Unless otherwise ordered, Mr.
Keyes may participate by telephone in the status hearings.
8.
If the government decides not to seek the death penalty then the
court will need to address the number of appointed counsel and the hourly rate of
compensation for the continuation of the defense.
9.
The Court will not alter the deadlines specified except for the
most compelling of reasons.
DATED this 8th day of June, 2012, at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge
2
If defense counsel need more than one telephone connection they should
make the necessary arrangements with the Clerk's office to use the "meet-mebridge" system.
12-cr-041-TMB-JDR KEYES First Pretrial Scheduling Order_mtd.wpd
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