Case 2:16-cr-00046-GMN-PAL Document 1899 Filed 04/25/17 Page 1 of 6
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RENE L. VALLADARES Federal Public Defender State Bar No. 11479 BRENDA WEKSLER State Bar No. 8124 Assistant Federal Public Defender RYAN NORWOOD Assistant Federal Public Defender 411 E. Bonneville Avenue, Suite 250 Las Vegas, Nevada 89101 (702) 388-6577/Phone (702) 388-6261/Fax Ryan_Norwood@fd.org
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Attorneys for Ryan W. Payne
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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UNITED STATES OF AMERICA, Plaintiff,
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Case No. 2:16-cr-046-GMN-PAL
v. RYAN W. PAYNE,
DEFENDANT RYAN W. PAYNE’S MOTION TO COMMENCE HIS TRIAL NO LATER THAN JUNE 26, 2017
Defendant.
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Certification: This Motion is timely filed.
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COMES NOW the defendant, Ryan W. Payne, by and through his counsel of record,
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Ryan Norwood and Brenda Weksler, Assistant Federal Public Defenders, and hereby files this
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Motion to Commence His Trial No Later than June 26, 2017.
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Case 2:16-cr-00046-GMN-PAL Document 1899 Filed 04/25/17 Page 2 of 6
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DATED this 25th day of April, 2017. RENE L. VALLADARES Federal Public Defender By: /s/ Brenda Weksler BRENDA WEKSLER Assistant Federal Public Defender By: /s/ Ryan Norwood RYAN NORWOOD Assistant Federal Public Defender
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Case 2:16-cr-00046-GMN-PAL Document 1899 Filed 04/25/17 Page 3 of 6
POINTS AND AUTHORTIES
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Less than a week ago, and following a joint request by both the government and several
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defendants including Ryan Payne, this Court set a trial date for the “Tier 1” defendants for June
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26, 2017. 1 ECF 1872. A calendar call date was set for May 25, 2017. Id.
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On Monday, April 24, 2017, the Court declared a mistrial in the “Tier 3 trial,” after the
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jury was unable to reach a unanimous verdict on most of the counts, despite deliberating for
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more than a week and being given an “Allen charge.” Immediately thereafter, the Court set a
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retrial date for the Tier 3 defendants for June 26, 2017, and a calendar call date for May 25,
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2017. ECF 1887. The Court has not vacated the date for the Tier 1 defendants. As such, there
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are now two different groups of defendants with calendar calls and trials set for the same day.
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Payne moves this Court to rule that Payne’s trial will commence no later June 26, 2017,
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notwithstanding whatever may happen with other defendants in Tier 1 and 3.
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government noted in its motion to set a trial date for the Tier 1 defendants (ECF 1837), a
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definitive trial date is necessary for the parties’ planning, which includes complying with the
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discovery schedule set by the Court and subpoenaing numerous witnesses. It would not be
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reasonable to wait – for example – until calendar call on May 25, 2017, barely a month before
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trial, to determine who will and will not be proceeding to trial in June. The Court should clarify
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this matter immediately.
As the
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Nor would it be reasonable to further delay Mr. Payne’s trial. As Payne has represented
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throughout these proceedings, the delay in his trial up to this date is already unreasonable. This
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Court had originally set this case for trial in February 2017, nearly a year after Payne’s
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indictment, over his objection.
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government’s belated request to sever the co-defendants into three groups, the Court ruled that
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Tier 3 defendants would be tried first, and that Payne’s Tier 1 trial would commence 30 days
Just a few months before that date, and following the
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Payne has joined Cliven Bundy’s objection to this date, in which he requests trial to be held no later than June 5, 2017, the date originally suggested by the government. 3
Case 2:16-cr-00046-GMN-PAL Document 1899 Filed 04/25/17 Page 4 of 6
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after the conclusion of that trial. ECF 1098. In fact, the Court set a trial date out more than 60
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days after that trial ended. ECF 1872. Payne has remained in custody the entire time. Payne
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objects to any further delay, which he contends would violate his right to a speedy trial. Payne
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would particularly object to having his trial date placed in “limbo” until the Tier 3 trial resolves
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in a verdict. There is no reason why a second trial for that Tier would be any more likely to
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result in a verdict than the first trial.
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The Court has various means at its disposal to ensure Payne has a speedy trial. It could
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consolidate Payne in a single trial with any defendants who wish to proceed to trial on June
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26th. All of the defendants in Tier 1 and 3, of course, are charged in the same indictment, and
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were originally joined for a single trial at the government’s insistence. It could prioritize
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Payne’s trial based on his repeated and consistent invocation of his speedy trial rights. Or the
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Court could direct that two trials take place simultaneously -- a procedure which would be
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convenient for the numerous overlapping witnesses in this cases. At this point, Mr. Payne’s
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right to a speedy trial must trump any inconvenience that any trial procedure would cause for
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the Court and/or the government.
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CONCLUSION Mr. Payne respectfully asks that this Court: (1) Confirm that his trial will commence no later than June 26, 2017, irrespective of what might happen with regard to any co-defendant (2) Hold a prompt status hearing to resolve the trial procedures for the two cases that are currently set to commence trial on June 26, 2017
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Case 2:16-cr-00046-GMN-PAL Document 1899 Filed 04/25/17 Page 5 of 6
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DATED this 25th day of April, 2017. Respectfully submitted, RENE L. VALLADARES Federal Public Defender By: /s/ Brenda Weksler BRENDA WEKSLER Assistant Federal Public Defender By: /s/ Ryan Norwood RYAN NORWOOD Assistant Federal Public Defender
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Case 2:16-cr-00046-GMN-PAL Document 1899 Filed 04/25/17 Page 6 of 6
CERTIFICATE OF ELECTRONIC SERVICE
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The undersigned hereby certifies that she is an employee of the Federal Public Defender
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for the District of Nevada and is a person of such age and discretion as to be competent to serve
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papers.
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That on April 25, 2017, she served an electronic copy of the above and foregoing
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DEFENDANT RYAN W. PAYNE’S MOTION TO COMMENCE HIS TRIAL NO
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LATER THAN JUNE 26, 2017 by electronic service (ECF) to the persons named below:
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STEVEN W. MYHRE Acting United States Attorney ERIN M. CREEGAN Assistant United States Attorney NADIA JANJUA AHMEN Assistant United States Attorney NICHOLAS DICKINSON Assistant United States Attorney 501 Las Vegas Blvd. South Suite 1100 Las Vegas, NV 89101 /s/ Lauren Pullen Employee of the Federal Public Defender
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