The opinion of the court was delivered by: Judge Solomon Oliver, Jr.
The court issued an Order on May 11, 2011 (ECF No. 117), granting Defendant Kenneth White's ("White" or "Defendant") Motion to Sever Counts and Cases (Case 1:09 CR 17, ECF No. 108). The court severed the cases, Case 1:09 CR 17 and Case 1:10 CR 442. The court also severed Count IV, failure to appear, from Counts I-III in case no. 1:09 CR 17. The court found that the two cases should be severed because the Government did not object and the charges grew out of different facts and circumstances. The court also found that Count IV should be severed from Counts I-III in Case no. 1:09 CR 17 because Defendant was able to demonstrate how he may be prejudiced if a jury were to hear evidence regarding his failure to appear charge along with evidence on the other three charges.
II. MAY 13, 2011 PRETRIAL CONFERENCE
The court held a pretrial conference on the record with counsel for the parties in the within cases on May 13, 2011, at approximately 11:30 a.m. Defendant Kenneth White was present. During the hearing, the court made the following rulings, for the reasons stated on the record, on pending motions. In Case No. 1:09 CR 17, the court granted Defendant's Motion to Allow Use of Jury Questionnaire (ECF No. 111), to the extent the questions are necessary; denied Defendant's Pro Se Motion to Provide Inspection of Jury List in Support of a Future Motion to Dismiss Grand Jury Indictment Pursuant to Title 28 U.S.C. Section 1867(a)(f) (ECF No. 13); overruled Defendant's Pro Se Notice Regarding Jurisdictional Challenge (ECF No. 14); denied Defendant's Pro Se Motion to Dismiss With Prejudice for Fourth Amendment Violation (ECF No. 15); denied as moot Defendant's Notice of Entry of Defendant as Co-Counsel (ECF No. 16); denied Defendant's Pro Se Motion for Bill of Particulars (ECF No. 17); denied Defendant's Pro Se Request for Production of All Classified Records Related to the Defendant and/or this Case or Dismissal of the Indictment with Prejudice (ECF No. 19); denied as moot Defendant's Pro Se Request for Production of Bona Fides of the Judge and Magistrate in this Case (ECF No. 20); denied Defendant's Pro Se Request for Dismissal of Case with Prejudice Due to Multiplicious [sic] Indictment (ECF No. 21); denied as moot Defendant's Pro Se Demand for all Evidence (ECF No. 22); denied Defendant's Pro Se Demand for Finding of Fact and Law on all claims presented as to Kenneth A White (ECF No. 23); denied Defendant's Pro Se Demand for Subpoenas (ECF No. 24); overruled Defendant's Pro Se Notice of Due Process Violation Fifth Amendment Right (ECF No. 104); denied as moot Pro Se Defendant's Motion (Demand) for the Grand Jury Transcripts (ECF No. 105); denied Defendant's Pro Se Motion (Demand) to Challenge the Racial Make Up and the Qualifications of the Grand Jury (ECF No. 106); and denied as moot Defendant's Pro Se Motion (Demand) for Grand Jury Transcripts for Indictment on 1/06/09 (ECF No. 107). Defendant's Pro Se Motion (Request) for Admissions (ECF No. 25) and Defendant's Motion for Bill of Particulars (ECF No. 44) were withdrawn. Defendant also withdrew his Motion to Proceed Pro Se (Case No. 1:09 CR 17, ECF No. 116; Case No. 1:10 CR 442, ECF No. 19). The court also ruled on the record that Defendant's Pro Se Notice of Due Process Violation Fifth Amendment Right in Case No. 1:10 CR 442 was denied for the same reasons it had stated for denying his Motion (ECF No. 104) in Case No. 1:09 CR 17.
After a review of the parties' trial briefs, and the parties' oral arguments, the court found that flight evidence would be admissible, and therefore, it should reverse its ruling of May 11, 2011 (ECF No. 117), and try Count IV of the Indictment for Case No. 1:09 CR 17, with Counts I-III of the Indictment proceeding to trial, initially set for May 18, 2011. Thus, Counts I-IV would be tried together at the jury trial initially scheduled to commence May 18, 2011. The court also found that the fraudulent information provided by Defendant in support of his loan applications that form the bases of the charges against him would be admissible at trial under Section 404(b) or as res gestae. The court found that the fraudulent information Defendant provided in support of a modification of his loan, while out on bond for this case, would also be admissible at trial under Section 404(b) or as res gestae.
Defendant entered a guilty plea on May 17, 2011, to all of the charges in the 1:09 CR 17 and 1:10 CR 442 cases.
IV. JUNE 13, 2011 STATUS CONFERENCE
The court held a status conference on the record with counsel for the parties in the within case on June 13, 2011, at approximately 3:00 p.m. Defendant Kenneth White was present. The court discussed Defendant's Pro Se Motion to Withdraw his Guilty Plea. (ECF No. 127.) The court did not allow Defendant to withdraw his guilty plea at that time. Defendant's attorney, Michael Goldberg, withdrew as counsel. The court appointed new counsel, John Ricotta, for Defendant on June 14, 2011.
V. MOTION TO WITHDRAW GUILTY PLEA
On July 25, 2011, White's new counsel, John Ricotta, filed a Motion to Withdraw Plea ...