Court filing
Joint Status Report -- United States v. Aticha Jittaphol, a/k/a "Lily" (Doc. 94)
Summary
A Joint Status Report filed May 17, 2022 (Document 94) in United States v. Atticha Jittaphol, Criminal No. 21-cr-10270-MLW, U.S. District Court, District of Massachusetts, under Local Rule 116.5(a) for a status conference scheduled for May 18, 2022. It states that the government provided discovery on April 30, 2022, that the defendant requested additional discovery on May 4, 2022, and that the government will produce responsive items no later than May 27, 2022. On the Speedy Trial calculation, the government contends that 62 days remain to commence trial, while the defendant contends that the clock began to run on May 2 and that 54 days remain. The parties expect the case to go to trial.
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“Joint Status Report -- United States v. Aticha Jittaphol, a/k/a ‘Lily.’”
Original at ecf.mad.uscourts.gov, No. 1:21-cr-10270-MLW, Doc. 94. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-aticha-jittaphol/2022-05-17-motion-dkt-94/
, SHA-256 0214a31d88704d9ef7121dca3fd41cd76759373816f815b5eb98c18905b8fcd2.Full text
Case 1:21-cr-10270-MLW Document 94 Filed 05/17/22 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA )
)
v. ) Criminal No: 21-cr-10270-MLW
)
ATTICHA JITTAPHOL, )
Defendant )
JOINT STATUS REPORT
Pursuant to Local Rule 116.5(a), the parties hereby file the following status report
prepared in connection with the status conference scheduled for May 18, 2022.
(1) Status of Discovery and Pending Discovery Requests
The government provided discovery on April 30, 2022, and the defendant requested
additional discovery on May 4, 2022. D.86. The government will produce items
responsive to the defendant’s request as soon as practicable and no later than May 27,
2022.
(2)-(3) Additional Discovery/Timing of Requests
Any newly discovered evidence shall be disclosed pursuant to the Local Rules. The
defendant does not yet know whether she will make additional discovery requests.
(4) Protective Orders
No protective orders are anticipated by the parties at this time.
(5) Pretrial Motions
The defendant does not intend to file any motions under Fed. R. Crim. P. 12(b).
(6) Expert Discovery
The Government agrees to provide expert witness disclosures, if any, 28 days prior to
trial. The Defendant agrees to provide expert witness disclosures, if any, 14 days prior
to trial.
(7) Defenses of Insanity, Public Authority, or Alibi
The defendant does not intend to raise a defense of insanity, public authority, or alibi.
Case 1:21-cr-10270-MLW Document 94 Filed 05/17/22 Page 2 of 3
(8) Periods of Excludable Delay
In its order dated October 29, 2021, the Court excluded the time from the date of the
defendant’s initial appearance on October 26, 2021, through the date of the next
hearing in the interests of justice, 18 U.S.C. §3161(h)(7)(A). D.15.
The next hearing was held on January 20, 2022. At that hearing, the parties presented
their proposed plea agreement, which the Court took under consideration. D.27, 30.
On March 8, 2022, the Court held a hearing and accepted the defendant’s guilty plea
but deferred acceptance of the plea agreement until the date of sentencing. The time
from the January 20 hearing to the March 8 hearing is excludable under 18 U.S.C.
§3161(h)(1)(G) (Court’s consideration of plea agreement). No non-excludable days
elapsed between the defendant’s arraignment and guilty plea.
On April 18, 2022, the Court revoked the defendant’s pretrial release, rejected the
parties’ plea agreement, and directed the defendant to inform the Court by May 2,
2022 whether she wished to withdraw her guilty plea. D.79. On May 2, the defendant
filed a motion to withdraw her guilty plea (D.85), which the Court granted on May
10, 2022. D.90.
No order of excludable delay was entered in connection with the defendant’s May 2
motion to withdraw her plea or the Court’s May 10, 2022 order granting that motion.
The government contends that the time from the filing of the defendant’s motion to
withdraw (May 2) to the date of the Court’s resolution of the motion (May 10) is
excludable under §3161(h)(1)(D). Accordingly, as of the date of this hearing, eight non-
excludable days have elapsed, leaving 62 days to commence trial.
The defendant contends that the Speedy Trial clock began to run on May 2, the date
she filed her motion to withdraw her guilty plea, and thus 16 non-excludable days have
elapsed, leaving 54 days to commence trial.
(9) Whether Trial is Anticipated; Estimated Length of Trial
The parties expect this case to go to trial, and the trial should last approximately one
week.
(10) Date for Further or Final Status Conference
The parties request that this case be referred to the District Court for a pretrial hearing
at the Court’s earliest convenience.
Case 1:21-cr-10270-MLW Document 94 Filed 05/17/22 Page 3 of 3
Respectfully submitted,
RACHAEL S. ROLLINS
United States Attorney
/s/ Keith Halpern By: /s/ Kelly Begg Lawrence
KEITH HALPERN KELLY BEGG LAWRENCE
Attorney for Atticha Jittaphol Assistant U.S. Attorney
CERTIFICATE OF SERVICE
I hereby certify that this document, filed through the Court’s Electronic Court Filing
(ECF) system on May 17, 2022, will be sent electronically to the registered participants as
identified on the Notice of Electronic Filing (NEF).
/s/ Kelly Begg Lawrence
Kelly Begg Lawrence
Assistant U.S. Attorney
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