Order on Daniel Eric Jay's Motion to Conduct Faretta Hearing Remotely — United States v. Fayne (Document 159)

Summary

An order of United States Magistrate Judge John K. Larkins III, filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division, on February 9, 2021 as Document 159 in United States of America v. Daniel Eric Jay (2), Criminal Action File No. 1:20-CR-228-MHC-JKL-2. It rules on Jay’s Motion to Conduct Faretta Hearing Remotely [Doc. 157]. The order recounts that at a January 7, 2021 Zoom hearing on his counsel’s motion to withdraw, Jay refused to respond coherently to questions about whether he wished to represent himself, and the court set a reconvened hearing in person for February 12, 2021. Citing his counsel’s representations, including the risks of interstate travel during the COVID-19 pandemic, the court grants the motion and sets the hearing by Zoom on February 12, 2021 at 9:30 a.m.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
 
UNITED STATES OF AMERICA  
 
Plaintiff, 
 
v. 
 
DANIEL ERIC JAY (2) 
 
Defendant. 
 
 
 
 
CRIMINAL ACTION FILE NO. 
 
1:20-CR-228-MHC-JKL-2 
 
 
 
ORDER 
This case is before the Court on Defendant Daniel Eric Jay’s Motion to 
Conduct Faretta Hearing Remotely.  [Doc. 157.]  On January 7, 2021, the Court 
conducted a Zoom hearing on Mr. Jay’s counsel motion to withdraw as counsel.  
[Doc. 132.]  During the hearing, Mr. Jay refused to respond coherently to the 
Court’s questions concerning whether he desired to represent himself or to be 
represented by court-appointed counsel.  Out of concern that Mr. Jay did not 
appreciate the seriousness of these proceedings, the Court took the motion to 
withdraw under advisement and scheduled a reconvened hearing, including a 
possible Faretta hearing, in person for February 12, 2021 in Atlanta, Georgia.  [Id.]   
Case 1:20-cr-00228-MHC-JKL     Document 159     Filed 02/09/21     Page 1 of 2

 
2 
On February 9, 2021, counsel for Mr. Jay moved to conduct the hearing via 
Zoom.  [Doc. 157.]  His counsel represents that Mr. Jay consents to proceed via 
Zoom.  He further states that Mr. Jay, who resides in Pennsylvania, is the caretaker 
for his elderly father and that a remove hearing would avoid risks associated with 
interstate travel during the COVID-19 pandemic.  In addition, it appears that 
inclement weather is likely in that region of the country within the next several 
days, which may also impact travel and public safety. 
While the Court in no way condones Mr. Jay’s obstreperous behavior at the 
previous hearing, the Court GRANTS the motion.  The hearing will proceed via 
Zoom on February 12, 2021 at 9:30 a.m., EST.  Mr. Jay is required to attend the 
hearing.  Login instructions will be provided under separate cover. 
IT IS SO ORDERED this 9th day of February, 2021. 
 
 
___________________________________ 
JOHN K. LARKINS III 
United States Magistrate Judge 
 
Case 1:20-cr-00228-MHC-JKL     Document 159     Filed 02/09/21     Page 2 of 2

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