Unopposed Fifth Motion for Extension of Time to File Pretrial Motions — United States v. Kaeding (Dkt. 58, D. Minn.)

Summary

In this motion filed August 10, 2022 in United States v. Kaeding (D. Minn., Court File No. 21-CR-169 (ECT/JFD)), counsel for Harold Bennie Kaeding ask for a 60-day extension of the August 15 deadline to file pretrial motions, with a matching continuance of the motions hearing. The motion says Mr. Kaeding was transferred on July 27, 2022 from the Sherburne County Jail to Columbia Regional Care Center (CRCC) in South Carolina, where profound hearing loss, time-limited Zoom calls (the next one not until August 29), legal materials that did not arrive and likely no computer access hamper preparation. It also reports chronic conditions not being addressed and inadequately managed pain. The government says it cannot assess the veracity of many of these assertions but is unopposed to one additional 60-day extension. Counsel also asks that the time be excluded under the Speedy Trial Act.

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Record facts

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CASE 0:21-cr-00169-ECT-JFD Doc. 58 Filed 08/10/22 Page 1 of 3




                              UNITED STATES DISTRICT COURT
                                 DISTRICT OF MINNESOTA
                             Court File No. 21-CR-169 (ECT/JFD)


 United States of America,
       Plaintiff,
                                                 Unopposed Fifth Motion for Extension of
 v.                                                   Time to File Pretrial Motions

 Harold Bennie Kaeding,
       Defendant.



       Defendant Harold Bennie Kaeding, by and through counsel, respectfully requests

an extension of time to file pretrial motions. On July 27, 2022, pursuant to this Court’s

order, Mr. Kaeding was transferred from the Sherburne County Jail to Columbia

Regional Care Center (CRCC) in South Carolina. Counsel was able to confer with him for

the first time following the transfer on August 9, 2022. That conversation revealed that

there are a number of barriers to preparing and filing pretrial motions:

       Communication. Mr. Kaeding has been diagnosed with profound hearing loss.

While at the jail he was able to use an amplification device to participate in Zoom

meetings, and with an iPhone he could use to contact family and counsel. He was not

permitted to bring either of those items with him to CRCC. It appears that he is

presently unable to use the phone at CRCC, and is using cell mates to facilitate calls and

messages. During the Zoom on August 9, Mr. Kaeding was unable to hear counsel, which

necessitated use of the chat function. This is a time-consuming and inefficient method

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         CASE 0:21-cr-00169-ECT-JFD Doc. 58 Filed 08/10/22 Page 2 of 3




of communication. CRCC has indicated it will request a consultation with an audiologist,

and Mr. Kaeding’s family is working to send his hearing aid to CRCC.

       Access to Counsel. In addition to Mr. Kaeding’s communication difficulties, it

appears his access to counsel will be limited by the facility. The Zoom on August 9 was

subject to a strict time limit which the facility did enforce. Counsel has been informed by

CRCC staff that the next available appointment for a Zoom with Mr. Kaeding is not until

August 29.

       Access to Legal Materials. Mr. Kaeding reports that he was not permitted to bring

his legal materials, including his discovery and notes, with him on the transport, but was

told they would be mailed to him. It was not clear to him whether this meant they

would be sent to CRCC, but he has not received them. Counsel has contacted the jail

administrator, who said he will look into the matter on Monday. Additionally, Mr.

Kaeding reports that he does not believe he will have access to a computer at CRCC,

which is significant given the volume and nature of the discovery, much of which has

been provided to Mr. Kaeding on usb drives.

       Mr. Kaeding’s Health. Mr. Kaeding reports that his acute medical condition

appears to be responding well to treatment, but that his chronic conditions are not

being addressed. Mr. Kaeding reports that his pain is being inadequately managed and

that, as a result, he is unable to sleep at night and unable to focus when he is awake. He




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         CASE 0:21-cr-00169-ECT-JFD Doc. 58 Filed 08/10/22 Page 3 of 3




also reports experiencing lots of headaches. Counsel has been informed that CRCC will

not provide medical reports directly to counsel.

      Government’s Position. The government has reviewed this motion and indicated

it is unable to assess the veracity of many assertions regarding Mr. Kaeding’s current

situation at CRCC. However, the government is unopposed to one additional 60-day

extension to ensure Mr. Kaeding gets settled and can make informed decisions about

how his case should progress.

      The present deadline for filing motions is August 15. A 60-day extension is

respectfully requested, along with a commensurate continuance of the motions hearing.

Counsel further requests that this time be excluded from the Speedy Trial Act

computations in this case, for the reasons stated above. Mr. Kaeding has indicated that

he agrees with these requests.

                                         Respectfully submitted,
Dated: August 10, 2022
                                         /s/ Lee Johnson
                                         Lee R. Johnson #189935
                                         5775 Wayzata Boulevard, Suite 700
                                         St. Louis Park, MN 55416
                                         (952) 545-1621

                                         /s/ Karen Mohrlant
                                         Karen Mohrlant, 388093
                                         F. Clayton Tyler, P.A.
                                         331 Second Avenue South, Suite 230
                                         Minneapolis, MN 55401
                                         (612) 333-7309

                                         Attorneys for Mr. Kaeding

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