The Founding Fathers intended the Speedy Trial Clause to serve two purposes. First, they sought to prevent defendants from languishing in jail for an indefinite period before trial. Pre-trial incarceration is a deprivation of liberty no less serious than post-conviction imprisonment. In some cases pretrial incarceration may be more serious because public scrutiny is often heightened, employment is commonly interrupted, financial resources are diminished, family relations are strained, and innocent persons are forced to suffer prolonged injury to reputation.
A delay of at least one year in bringing a defendant to trial following arrest will trigger a presumption that the Sixth Amendment has been violated, with the level of judicial scrutiny increasing in direct proportion to the length of delay. A longer delay may be deemed constitutional, however, and a shorter delay may be deemed unconstitutional, depending on the circumstances.
Longer delays will be permitted to accommodate the schedules of important witnesses, and to allow the prosecution to prepare for a complex case. Longer delays will also be tolerated when a defendant is dilatory in asserting the right to a speedy trial.
THE COURT: Now let me try to answer that question. It
stops when you proceed to trial, if that is what you choose to
do.. And you subject the government to the burden of proving you
guilty. One thing I can tell you, Mr. Killercop, is that the
first thing you asked for when I gave you the opportunity to
address me this morning, you will get. That's a fair trial.
Section 3161(h)(7) excludes delays resulting from a
continuance when the court finds that the "ends of justice served by taking [that] action outweigh the . . . interest of the
public and the defendant in a speedy trial." The factors,
among others, that a court must consider in deciding whether
to grant a continuance under this section are:
(i) Whether the failure to grant such a continuance
in the proceeding would be likely to make a continuation
of such proceeding impossible, or result in a
miscarriage of justice.
(ii) Whether the case is so unusual or so complex,
due to the number of defendants, the nature of the
prosecution, or the existence of novel questions of
fact or law, that it is unreasonable to expect adequate
preparation for pretrial proceedings or for the trial
itself within the time limits established by this section.
. . . .
(iv) Whether the failure to grant such a continuance
in a case which, taken as a whole, is not so
unusual or so complex as to fall within clause (ii),
would deny the defendant reasonable time to obtain
counsel, would unreasonably deny the defendant or
the Government continuity of counsel, or would
deny counsel for the defendant or the attorney for the
Government the reasonable time necessary for effective
preparation, taking into account the exercise of due diligence.
On 8/22/02, Docket 36:
Status Conference: Case is continued to 10/22/02 [No Time Waived]
On 9/4/02, Docket 38:
Stipulation Post Continuance: “parties agree” time should be excluded through and including 10/22/02. This was done by the Public Defender’s Office, again, without the consent, knowledge or "agreement" of Killercop.
THE FOLLOWING TAKES PLACE ON 09.23.2002 IN DOWNTOWN LOS ANGELES, CALIFORNA, BETWEEN THE HOURS OF 4:08 AND 4:57 PM (PST)
On 11/27/02, Docket 68:
Stipulation and Order to Exclude Time filed by Judge. Period from 11/26/02 to 1/14/03 pursuant to 18: 3161
On 12/4/02, Docket 71: Killercop's Motion to Dismiss For Denial Of Speedy Trial.
Any Order to Exclude Time filed by this Judge should have counted, under any rules, against him. Nope!! Not with Sung from Matz's buddy Kozinski!
A Magic Trick Called "Nothing Up My Sleeves But B.S." A.K.A. The Ol' "Overcrowded" Excuse, Used To Delay And Deny And Usurp Rights. Fun For The Whole Family! He Must Be So Proud.
(RT, 12/4/02) Page 19, Lines 6
Judge Matz: “And the problem is I’m going to be in trial. So I think you need to consult with Killercop and with my court clerk, and see what dates are available to you and the persecution.”
12/04/02, Docket 73:
Minutes of Motion Hearing. Court Denies Motion To Dismiss For Denial Of Speedy Trial.
On 12/18/02, Docket 78:
Court receives personal letter from Defendant and Orders Defendant not to communicate directly with court. Judge Later rescinds this Order. See Docket 79.
1/3/03, Docket 80: Judge sets a “firm date” for trial of 1/14/03.
1/10/03, Docket 104: Denies Killercop's motion to continue trial. Grants motion to continue arraignment on "newly filed Superceding Indictment."
1/14/03, Docket 110:
Defendant files Writ of Mandamus to Dismiss for Violations of 5th and 6th Amendment of the Bill of the Rights.
1/14/03, Docket 113:
Court continues trial to 3/25/03
1/17/03, Docket 114:
Court files Competency Motion; this Competency Motion pursuant to 18: § 4141(sic), is thereafter “PLACED IN FILE - - NOT USED.”
1/17/03, Docket 118:
Court "adopts" Speedy Trial Act recitals contained in new and improved “Proposed [Competency] Order.”
1/21/03, Docket 115:
Order Re Excludable Time filed by judge. Period between 1/14/03 and 3/25/03 are deemed excludable pursuant to 18: §3161(h)(1)(A). Never mind 18 USC 4241 through 4247.
4/7/03, Docket 157:
Court hold secret hearing without Killercop present. Court files Amended Order Re Determination of Killercop's Competency.
Competency Hearing set for 8/25/03, trial to remain 9/9/03.
8/27/03, Docket 188:
Court finds [Illegally] that Defendant waived counsel and Orders him to proceed in Pro Se. Next the court Foists Standby Counsel, then said court and Standby Counsel confer regarding the trial date and Government’s Speedy Trial Act calculations. On Government’s own motion trial is continued from 9/9/03 until 9/30/03. Court notes Defendant specifically did not agree to continuation. Standby Counsel “quits” due to schedule conflict on 9/2/03. New Standby Counsel appointed. Killercop is "officially" blamed for this quitting, too.
9/24/03, Docket 224: Government files special request that court “adopt” Standby Counsel to “Represent” Defendant as Trial Counsel. Defendant objects at hearing held 9/26/03, Docket 236.
9/25/03, Docket 225:
Government files Speedy Trial Memorandum:
9/26/03, Docket 236: Court continues trial until 10/7/03. Orders government to “promptly” file detailed briefing regards Speedy Trial Act calculations regards several issues including whether the court could “stop the clock” by "starting a trial on paper, then continuing it until a later time." In other words, play God and manipulate time itself.
10/1/03, Docket 238:
Government files calculations regarding Speedy Trial Act. But not the Speedy Trial Right.
10/1/03, Docket 242:
Court continues 10/7/03 trial date “to a date to be determined later” and notes that continuation is without Killercop's explicit consent.
10/7/03, Docket 246: Court relieves Counsel and reappoints him as Standby Counsel after "deeming" Killercop, again, waived right to assistance of counsel. On court’s own motion continues trial until 11/12/03 [or 1/6/04]. Excludes time under 3161(h)(8). Matz later admits no authority and calls all of this a "technical error."
Henry Louis Gates' Contempt Of Cop Emptywheel - At tonight's nationally televised press conference, a reporter asked President Obama a question about the July 16 arrest of famed Harvard professor Henry Louis Gates. Obama set off...
Contempt of Cop' by William Norman Grigg - The police are to the government as the edge is to the knife, insists sociologist David Bayley, who apparently couldn't explain why the typical...
Welcome to America Now step inside the jail cell - The audio exchange in this video was apparently recorded at the U.S. Canada border after a Canadian displayed contempt-of-cop towards the American law enforcement officer asking questions.
Contemptible police tactics - Cops raid the home of a licensed medical marijuana provider in Washington, handcuff the fourteen year old son and put a gun to his head, and search the nineteen year old daughter and take the contents of her mickey-mouse wallet.
How To Survive Traffic Stops in America, Submit, Instantly! - What the cops want is immediate obedience and submission. Many cops are ex-military and view the civilian motorists of America about like they viewed the hapless peasants of Iraq and Afghanistan, that is, with contempt, not as fellow citizens deserving of civility and respect. It is a possibly lethal mistake to do anything other than submit, instantly and obey! Or be ready to shoot first. But aim high.
