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United States v. Capurro

October 26, 2006

UNITED STATES OF AMERICA
v.
NICO CAPURRO, ET AL.



The opinion of the court was delivered by: S. Arthur Spiegel United States Senior District Judge

OPINION AND ORDER

This matter is before the Court on Defendants' Joint Motion to Waive Speedy Trial Provisions and to Declare this Action Complex (doc. 18). The government does not oppose this motion. Defendants also orally requested an extension in the motion deadline in this matter, during a pretrial conference held October 18, 2006. For the reasons stated herein, the Court GRANTS Defendants' Motion to Waive Speedy Trial Provisions and Declare This Matter Complex (doc. 18), DECLARES this Matter Complex, and GRANTS Defendants' oral request to extend the motion deadline.

Defendants Nico Capurro and William H. Jewel, Jr., move the Court for an Order declaring that the speedy trial provisions of 18 U.S.C. 3161(c)(1) be waived, and this action be declared complex litigation (doc. 18). The government has informed Defendants that there is a large amount of discovery to provide, including hundreds of hours of undercover tapes and surveillance video and thousands of documents, and that it will not be completely furnished to Defendants until the end of January 2007 (Id.). Defendants aver that they need more time to review the entirety of discovery than that granted under the speedy trial provisions. Furthermore, Defendants argue that given the age and complexity of the conspiracy alleged in the indictment, the large volume of discovery materials, and the need for sufficient time to review discovery once it is furnished, this matter should qualify as complex under 18 U.S.C. 3161(h)(8)(B)(ii).

Having reviewed this matter, the Court finds Defendants' Motion well-taken. The ends of justice by the granting of a continuance in this matter outweigh the best interests of the public and the Defendants in a speedy trial. 18 U.S.C. 3161(h)(8)(A). The Court finds the age and complexity of the conspiracy alleged in the indictment, the large volume of discovery materials, and the need for sufficient time to review discovery once it is furnished to Defendants, qualify this matter as complex.

18 U.S.C. 3161(h)(8)(B)(ii). It would be unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the speedy trial time limits. Id. Having found it appropriate to grant Defendants' Motion to Declare this Matter Complex, the Court further finds it in the interests of justice to permit Defendants to file pretrial motions up to the time of the next status conference.

Accordingly, the Court GRANTS Defendants' Motion to Waive Speedy Trial Provisions and Declare This Matter Complex (doc. 18), DECLARES this Matter Complex, and GRANTS Defendants' oral request to extend the motion deadline, which the Court extends until February 1, 2007, at 9:30 A.M., at which time it SETS a status conference, and at which time it shall set a trial date.

SO ORDERED.

20061026

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