Post by mullahpaloozer on May 14, 2015 9:26:29 GMT -4
repost from PB29 ... thanks
portrush
Global Moderator
*****
RICHARD W. WRIGHT, ESQUIRE
Nevada Bar No. 886
WRIGHT STANISH & WINCKLER
300 S. Fourth Street
Suite 701
Las Vegas, NV 89101
702-382-4004
702-382-4800
Attorney for Defendant Edwards
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA, ) CASE NO: 2:09-CR-132-JAD-GWF
)
Plaintiff, ))
MOTION FOR MISCELLANEOUS
vs. ) RELIEF (ADDITIONAL LAW
) LIBRARY TIME)
JOHN M. EDWARDS, ))
Defendants. )
____________________________________)
Defendant JOHN M. EDWARDS, by and through his attorney of record, Richard A. Wright,
Esquire, hereby files this motion for additional library time.
POINTS AND AUTHORITIES
Defendant John M. Edwards is charged via the second Superceding Indictment (#63) with
RICO Conspiracy, conspiracy to Violate Securities Laws, Conspiracy to Commit Securities Fraud,
Fraudulent Interstate Securities Transactions (3 counts), Securities Fraud and Insider Trading (4
counts), Securities Frraud under 18 U.S.C. § 1348 (2 counts, and Conspiracy to Commit Money
Laundering.
After being held in the United Kingdom for five years, Mr..Edwards was extradited to
the United States, and has remained in custody since his extradition, on an Order of Detention issued
at his initial detention hearing on August 14, 2014. At that hearing, the Magistrate Judge ordered
Edwards detained pending trial as a flight risk, based upon the finding that no condition or
combination of conditions would reasonably assure the Defendant’s presence.
The case had previously been deemed complex due to the fact that the discovery consists of almost 500,000 pages
of discovery, recorded phone conversations, and what is believed to be a rather large hard drive .
The court appointed Russell M. Aoki as Coordinating Discovery Attorney on March 3, 2015, due to the
amount and complexity of the discovery.
In order for Mr. Edwards to assist counsel in the preparation for trial with such vast discovery
it requires more time at the library than the limited access given at the CCA’s Nevada Southern
Detention Center. He is unable to print his discovery, save his discovery on balnk CDs provided to
him by counsel, and his library time is limited to about five hours of law library each week. Due to
the comlex nature of this case, such restrictions have and will hinder his ability to assist counsel and
adequately prepare for his September 15, 2015 trial date.
Based upon this, counsel requests for additional law library time for Mr. Edwards.
CONCLUSION
Based upon the above, Edwards prays for an order granting the following relief:
1) Provide detainee John M. Edwards with the personal use of a properly working
computer for no less than six (6) hours each day on a reasonable schedule to be
determined by the Detention Facility, which may include breaking the six hours up
into different blocks of time on the same day, for the purpose of reviewing legal and
evidentiary materials provided to Defendant by his counsel: and
2) Arrange for detainee John M. Edwards’ counselor, case manager or other detention
facility officer or employee to receive from Defendant’s counsll all evidentiary items
(which include e.g. CDs, DVDs, hard drives, and paper documents), safeguard them
from loss and provide these materials to Defendant upon his request at reasonable
times for his review and use.
Dated: May 1, 2015
WRIGHT STANISH & WINCKLER
BY /s/ Richard A. Wright
RICHARD A. WRIGHT, ESQUIRE
300 S. Fourth Street
Suite 701
Las Vegas, NV 89101
Attorneys for John Edwards