USA v. KnowltonRESPONSE to MotionD. Colo.June 2, 20101 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 09-cr-00383-PAB UNITED STATES OF AMERICA, Plaintiff, v. 1. ROBERT B. KNOWLTON, Defendant. GOVERNMENT RESPONSE TO DEFENDANT’S MOTION TO CONTINUE JURY TRIAL; EXCLUDE TIME FROM SPEEDY TRIAL COMPUTATION; AND SCHEDULE A HEARING ON PENDING MOTIONS The United States of America, by David M. Gaouette, United States Attorney and Robert E. Mydans, Assistant United States Attorney, files this response to the above- styled motion filed by the defendant. The defendant seeks a continuance of the jury trial presently scheduled to begin on July 6, 2010, to exclude time from the speedy trial computation, and to schedule a hearing on the remaining pending motions. The government does not object to the motion or the individual requests within the motion, nor does the government take issue with the facts as outlined in the Introduction. The analysis that defense counsel has gone through pursuant to the dictates of United States v. Toombs, 574 F.3d 1262 (10 Cir.2009) is consistent with the Toombsth analysis and as a result, there is no objection to the motion. Because there are Case 1:09-cr-00383-PAB Document 58 Filed 06/02/10 USDC Colorado Page 1 of 3 2 approximately nine outstanding pre-trial motions that have not yet been argued or decided, all time between the filing of those motions (12/14/2009) and rulings by this Court is already excludable time. The defendant seeks an additional 60 days of excludable time in which to review recently provided discovery, some of which is the result of recent interviews because of the death of the informant Ted Gardiner, and to conduct some additional investigation, again, because of the death of Mr. Gardiner. The defendant also seeks the additional time for continuity of counsel as does counsel for the United States. WHEREFORE, the Government does not oppose the granting of the defendant’s above-styled motion and the requests made therein. Respectfully submitted this 2 day of June, 2010.nd DAVID M. GAOUETTE United States Attorney s/__Robert E. Mydans_______ Robert E. Mydans Assistant United States Attorney 1225 17 Street, Suite 700th Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 bob.mydans@usdoj.gov Case 1:09-cr-00383-PAB Document 58 Filed 06/02/10 USDC Colorado Page 2 of 3 0 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 2 day of June, 2010, I electronically filed the foregoing with thend Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Jeffrey S. Pagliuca Haddon, Morgan & Foreman, P.C. Email: jpagliuca@hmflaw.com s/__Deborah Sisung__________ Deborah Sisung United States Attorney’s Office 1225 17 Street, Suite 700th Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 deborah.sisung@usdoj.gov Case 1:09-cr-00383-PAB Document 58 Filed 06/02/10 USDC Colorado Page 3 of 3