Joint Status Report -- United States v. Aticha Jittaphol, a/k/a "Lily" (Doc. 99)

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Joint Status Report filed May 25, 2022 as Document 99 in United States v. Aticha Jittaphol, No. 21-cr-10270-MLW, in the U.S. District Court, District of Massachusetts, for a status conference scheduled for May 26, 2022. It reports that the government produced discovery on April 26, 2022, that the defendant requested additional discovery on May 4, 2022, and that the government will provide it by May 27, 2022. It states that no protective orders are anticipated. The report recounts the Court's April 18, 2022 revocation of pretrial release and May 10, 2022 order granting a motion to withdraw a guilty plea, gives each side's position on Speedy Trial excludable delay, and says the parties expect trial to last approximately one week. It is signed /s/ by Keith Halpern and Kelly Begg Lawrence.

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      Case 1:21-cr-10270-MLW         Document 99         Filed 05/25/22    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(b), the parties hereby file the following status report

prepared in connection with the status conference scheduled for May 26, 2022.

(1)   Status of Discovery

      The government produced discovery to the defendant on April 26, 2022. On May 4,
      2022, the defendant requested additional discovery. The government has identified all
      materials and information responsive to those requests that are in the government’s
      possession, custody, and control and will provide it to the defendant 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 99        Filed 05/25/22     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, 97.

       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 the defendant’s motion to withdraw was under
       consideration by the Court 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.

       At the status conference on May 18, 2022, the Court stated that the time between May
       18 and the next status conference would be excluded in the interests of justice.
       Accordingly, the government filed a motion for excludable delay on May 19, 2022.
       D.96.

(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 99      Filed 05/25/22     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 Aticha 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 25, 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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