Yet another delay in the Neldon/Glenda Johnson *criminal* case #2:21-cr-00513
The following text was copy/pasted from Doc #44 on April 8, 2023
A scheduling conference will be held on July 17, 2023.
Sure is a pretty day.
TED
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Factors For Vacating the Trial Date and Deadlines and Setting a Scheduling Conference
The following facts and specific reasons for the requested extension or continuance:
1. The reasons the Jury Trial cannot be done within the originally allotted time are:
a. Mr. Johnson has stage four cancer which has been progressively debilitating.
Originally, Mr. Johnson was ambulatory but over time has become much less so and has now
become wheelchair bound as the cancer has progressed and his health has continued to decline.
He is presently 77 years old, and as such his continuing decline and physical condition make it
impracticable for him to provide the substantial assistance to counsel necessary in the
preparation of his defense in his case. During the pendency of this case Mr. Johnson’s health
condition has been a significant concern, and the prosecution has been made aware of the
concerns related to his cancer and its progression, and the continuing decline of Mr. Johnson’s physical condition.
b. The defense counsel requires Mr. Johnson’s assistance in reviewing the voluminous
discovery, and addressing the complex issues related to the allegations (as well as the underlying
scientific methodology and concepts related to the predicate civil case). The needed
communication and participating of Mr. Johnson is necessary in order for defense counsel: (1) to advise the client as to the anticipated jury trial in this case, assist in developing the legal issues and related motions and pleadings, and to address the relative benefits associated with various aspects concerning the trial, any potential plea negotiations and the comparative risks related to going to trial. Given Mr. Johnson’s health, he cannot adequately assist counsel in the preparation of his defense at trial.
c. Mr. Wall, counsel for Mr. Johnson, has discussed these concerns Ms. Kathy Nester,
counsel for the co-defendant, and Mr. Castle, counsel for the United States and the parties agree,
given Mr. Johnson’s health and limitations, that it is in the best interest of justice and judicial
economy for all, and the court, that the trial and deadlines be vacated, and the matter set for a
scheduling conference. |
