USA v. Wells

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA
Plaintiff,
vs.
JAMES MICHAEL WELLS,
Defendants.
3:13-cr-00008-RRB-JDR
FIRST PRE-TRIAL SCHEDULING
ORDER
Counts 1 and 2 of the indictment (Docket 7) charge the Defendant,
James Michael Wells, with Murder in the First Degree,18 U.S.C.§ 1111, which are
punishable by sentence of death. 18 U.S.C. §§ 1111, 3591(a)(2). Counts 3 and 4 of
the indictment charge the Defendant with Murder of an Officer or Employee of the
United States, 18 U.S.C. §1114, which are also punishable by sentence of death. 18
U.S.C. §§ 1114, 1111, 3591(a)(2). Finally, Counts 5 and 6 of the indictment charge
the Defendant with Possession and Use of a Firearm in Relation to a Crime of
Violence. 18 U.S.C. § 924(C), (J). The case has not been declared complex or
extended by the trial judge. 1 Trial in this case is currently set for April 15, 2013.
However, this date is expected to change. Judge Beistline has set the date of
1 Application of the Speedy Trial Act (and waiver of speedy trial) will be
addressed by the district court judge.
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March 13, 2013, to address the motion to continue trial and declare the case
complex. 	Pursuant to the parties’ proposed motion deadlines, the Magistrate
Judge’s scheduling and pretrial motion deadlines are hereby addressed below.
The Department of Justice (DOJ) has developed procedures by which
the decision to seek a sentence of death is reached, vesting the ultimate decision
with the Attorney General of the United States. Pursuant to 18 U.S.C. § 3593, the
United States must serve notice to the court and the defendant within a reasonable
time before trial of its intent to seek a death sentence should the United States
believe that circumstances justify a sentence of death. The DOJ procedure requires
the United States Attorney to prepare a memorandum for the Attorney General's
Capital Review Committee. The procedures also provide an opportunity to the
defendant to submit evidence and arguments in mitigation to the United States
Attorney and the Committee prior to any decision being made by the Attorney
General. 	The Court assumes that the prosecutors will follow the current United
States Attorney Manual Guidelines in determining whether to seek the death
penalty. 2 In the interest of justice, the Court with the concurrence of the parties does
hereby establish a schedule for the resolution of whether the government will seek
the death penalty.
1. 	No later than April 11, 2013, the United States Attorney shall
2 The manual warns that the guidelines do not create any substantive rights on
criminal defendants.
2
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serve a copy of its proposed report on counsel for Mr. Wells.
2. 	On or before May 2, 2013, Mr. Wells shall submit his arguments
and evidence to the United States Attorney in favor of mitigation.
3. 	The United States Attorney for the District of Alaska is expected
to submit his recommendation and any supporting memorandum concerning
whether the death penalty is sought to the Capital Review Committee on or before
May 23, 2013. The government will file a notice under 18 U.S.C. § 3593(a) if it
decides to pursue the death penalty. If the government decides not seek the death
penalty, it will file a notification on the record with a copy to the defendant that it will
not seek the death penalty.
The Court believes that this schedule allows reasonable time for
counsel for the parties to discharge their respective duties with respect to the
question of whether the death penalty should be sought, giving due regard to the
factual complexity of the case. 	The Court recognizes that scheduling extensions
may be necessary to accommodate full development of facts related to the
defendant’s guilt and aggravating factors as the case proceeds.
4. 	Consistent 	with 	the 	parties’ 	motion 	for 	an 	appropriate 	but
significant continuance, they submitted a proposed schedule of pre-trial deadlines.
At the Defendant’s arraignment on February 19, 2013, the parties proposed a
meeting to discuss a reasonable and realistic pre-trial deadline schedule, with a
subsequent report to the Court. The Court agreed to allow the parties to meet and
3
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file 	a 	report 	with 	proposed 	deadlines 	by 	February 	27. 	The 	parties 	met 	on
February 25 and are proposing a schedule based upon a trail date set one year from
the date of indictment. The magistrate judge does not have the authority to grant the
trial continuance. As stated above the assigned trial judge has set March 13, 2013,
to address the complexity of the case and the motion to continue trial. Upon the trial
court extending the trial date, the following schedule for pre-trial motion practice shall
be adopted:
Action 	Date
Rule 16(a)(1)(A), (B), and (D) discovery 	Completed on 2/22/13
Rule 16(a)(1)(E) inspection of physical items 	3/5/13
Rule 16(a)(1)(E) production of documents 	3/15/13
Defense discovery motions 	4/15/13
Motions to suppress statements 	4/19/13
Motions to suppress physical evidence 	6/14/13
Expert notices 	7/12/13
Rebuttal expert notices 	9/13/13
Daubert Motions 	10/4/13
Motions in Limine
· 	F.R.E. 404(b) notices will be provided
4 weeks prior to the motions in limine
deadline.
2 months before trial
date
Jencks and Giglio material 	6 weeks before trial
Inspection of trial documents and objects 	1 month before trial
date
5. 	Oppositions to motions shall be due 14 days after the motion
is filed. Any replies to a motion listed above shall be due 7 days after the filing
of any response. Evidentiary hearings or arguments shall be scheduled promptly
as needed.
6. 	In order to keep the Court and the parties fully advised on matters
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affecting the progress of the case toward its ultimate disposition, regular status
conferences to be held approximately every 45 days. 	Accordingly, status
hearings in this case are hereby set for 10:00 AM on April 12, 2013; May 30, 2013;
July 15, 2013; August 29, 2013; and October 15, 2013 (further status conferences
will be set as needed). Counsel may arrange for telephonic appearance by calling
677-6231. 3 Unless otherwise ordered, Mr. Wells may participate by telephone in the
status hearings.
7. 	The Court will not alter the deadlines specified except for the
most compelling of reasons.
DATED this 	1st day of March, 2013, at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge
3 If defense counsel need more than one telephone connection they should make
the necessary arrangements with the Clerk's office to use the "meet-me-bridge" system.
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