Minute Entry for proceedings held before Judge John L. Badalamenti:… — Casey David Crowther (Dkt. 53)

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Case 2:20-cr-00114-JES-M_M     Document 53      Filed 12/14/20   Page 1 of 2 PageID 195




                       UNITED STATES DISTRICT COURT
                        MIDDLE DISTRICT OF FLORIDA
                           FORT MYERS DIVISION

 UNITED STATES OF AMERICA

 v.                                            CASE NO: 2:20-cr-114-FtM-66MRM

 CASEY DAVID CROWTHER
                                 /

                     Status Conference via Zoom Video Conference

  Presiding Judge:            United States District Judge John L. Badalamenti
  Counsel for Plaintiff(s):   Trenton Reichling
  Counsel for Defendant(s):   Nicole Hughes Waid/Brian Dickerson


  Date:                       December 14, 2020
  Deputy Clerk:               Shelley Giauque
  Court Reporter:             Tracey Aurelio
  Interpreter:                n/a



 Start Time: 1:43 PM

 Court calls case. Counsel enter appearances.

 Defendant filed response over the weekend. Defendant does not believe that the
 plea agreement made by the government was a reasonable plea offer. They are
 prepared to go to trial in January.

 Mr. Reichling advises the court that the witnesses are from out of state. The
 witnesses have expressed their concerns about getting on an airplane and traveling
 to Fort Myers during a pandemic. The witness from the SBA is not available the
 entire month of January. Mr. Reichling has explored the possibility of finding an
 SBA witness that is closer to the Fort Myers area. The closest witness is from
 Atlanta, and that individual has pre-existing conditions and would not feel
 comfortable traveling.

 The defendants will not be calling an expert witness, since the government is
 calling an SBA witness. Mr. Reichling also notes that the defendant has not
 provided discovery to the government, specifically account records that show that a
Case 2:20-cr-00114-JES-M_M      Document 53     Filed 12/14/20   Page 2 of 2 PageID 196




 loan was created to purchase the boat. Mr. Reichling also notes that a second
 superseding indictment will be coming soon. It will not change the charges.

 Ms. Waid does not plan to put on a case in chief at this time and takes the position
 that that information is not discoverable since they are not going to submit a case in
 chief. Will only cross examine. Counsel are waiting for a ruling on the motion to
 dismiss. Defense understands obligations under Rule 16.

 The Court is concerned about making witnesses travel to a hot spot in Florida.
 Discovery does not appear to be ready for trial. Defense counsel has not decided if
 there is going to be a case in chief.

 Mr. Dickerson questions whether the issues could be bifurcated and take up the
 mortgage fraud first. Defense argues that the defendant has a right to go to trial
 during a pandemic, since the government chose to arrest the defendant during a
 pandemic. Mr. Reichling advises the court that both issues are closely intertwined,
 some of the same witnesses for both issues and they should not be bifurcated. Mr.
 Reichling notes that there is still a pending motion to dismiss and this decision
 could determine what is presented at trial. The Court is not going to piecemeal this
 trial. Court will review motion to dismiss.

 The Court continues the trial for 1 cycle. Sets the jury trial term for 2/1/2021,
 status conference set for 1/11/2021. Court makes Ends of Justice findings. The
 court has considered the travel of the witnesses during a pandemic. The Court may
 transfer this case to another district, or another judge so that this case can move
 along faster.

 End time:    2:01 PM




                                          -2-


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