Arraignment Order — No. 0:21-cr-00169 (Dkt. 24, D. Minn.)

Summary

An arraignment order filed January 10, 2022 as Doc. 24 in United States v. Harold Bennie Kaeding, Criminal No. 21-cr-0169 (ECT/HB), in the U.S. District Court for the District of Minnesota, signed by Magistrate Judge Hildy Bowbeer. The order records that an arraignment hearing was held before the Honorable Tony N. Leung on January 7, 2022, at which the defendant consented to proceed by video, waived reading of the indictment and entered a plea of not guilty. Under Local Rule 12.1 it directs the government to make its Federal Rule of Criminal Procedure 16(a) disclosures by January 14, 2022 and confirms its obligation to disclose exculpatory evidence under Brady v. Maryland.

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“Arraignment Order — No. 0:21-cr-00169 (Dkt. 24, D. Minn.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/arraignment-order-no-0-21-cr-00169-dkt-24-d-minn-cbd0eeb1d7/, SHA-256 1bd3abbdcf69524f136d629db1177b22a510d3d581eaf2a07d542984c6cb172c.

Full text

CASE 0:21-cr-00169-ECT-HB Doc. 24 Filed 01/10/22 Page 1 of 4

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

United States of America,
Criminal No. 21-cr-0169 (ECT/HB)
Plaintiff,

v.
ARRAIGNMENT ORDER
Harold Bennie Kaeding,

Defendant.

An arraignment hearing was held before the Honorable Tony N. Leung on January

7, 2022. Defendant was present in court with his attorney, Lee R. Johnson, Esq. The

government was represented by Jordan L. Sing, Assistant United States Attorney.

Defendant was advised of his right to an in-person hearing and consented to the hearing

proceeding by video.

Defendant identified himself by name and age; waived the reading of the

indictment; and entered a plea of not guilty.

Pursuant to Local Rule 12.1 (copy attached), IT IS HEREBY ORDERED

that:

1. The government must make all disclosures required by Federal Rule of

Criminal Procedure 16(a) by January 14, 2022. D. Minn. LR 12.1(a)(1). In order to

avoid the need for a recess of the motions hearing, the government is requested to make
CASE 0:21-cr-00169-ECT-HB Doc. 24 Filed 01/10/22 Page 2 of 4

by January 14, 2022, all disclosures which will be required by Fed. R. Crim. P. 26.2 and

12(h).

2. Pursuant to the Due Process Protections Act, the Court confirms the United

States’ obligation to disclose to the defendant all exculpatory evidence, that is, evidence

that favors the defendant or casts doubt on the United States’ case, as required by Brady

v. Maryland, 373 U.S. 83 (1963) and its progeny, and ORDERS the United States to do

so. Failure to disclose exculpatory evidence in a timely manner may result in

consequences, including, but not limited to, exclusion of evidence, adverse jury

instructions, dismissal of charges, contempt proceedings, disciplinary action, or sanctions

by the Court.

3. Defendant must make all disclosures required by Federal Rule of Criminal

Procedure 16(b) by January 21, 2022. D. Minn. LR 12.1(a)(2).

4. All motions in the above-entitled case must be filed and served consistent

with Federal Rules of Criminal Procedure 12(b) and 47 on or before January 28, 2022.1

D. Minn. LR 12.1(c)(1).

5. Counsel must electronically file a letter on or before January 28, 2022,

if no motions will be filed and there is no need for hearing.

6. Defendant must file a consent that any evidentiary hearing on the motions

may proceed by video means, or a notice that Defendant does not so consent, as soon as

1
“Before filing a motion under Fed. R. Crim. P. 12(b), the moving party must confer with
the responding party. The parties must attempt in good faith to clarify and narrow the issues in
dispute.” D. Minn. LR 12.1(b).

2
CASE 0:21-cr-00169-ECT-HB Doc. 24 Filed 01/10/22 Page 3 of 4

practicable, but in any event no later than January 28, 2022. Any delay in filing the

notice regarding consent could result in a postponement of the hearing.

7. All responses to motions and any Notice of Intent to Call Witnesses2 must

be filed by February 11, 2022. D. Minn. LR 12.1(c)(2); D. Minn. LR. 12.1(c)(3)(A).

8. Any Responsive Notice of Intent to Call Witnesses3 must be filed by

February 14, 2022. D. Minn. LR 12.1(c)(3)(B).

9. A motions hearing will be held pursuant to Federal Rules of Criminal

Procedure 12(c) where:

a. The government makes timely disclosures and Defendant identifies
in the motions particularized matters for which an evidentiary
hearing is necessary; or

b. Oral argument is requested by either party in its motion, objection or
response.

10. If required and if Defendant consents to proceed by video means, the

motions hearing will be conducted before Magistrate Judge Hildy Bowbeer on February

24, 2022, at 9:00 a.m., by ZOOMGOV video technology. If Defendant declines to

proceed by video technology and if as a result it becomes necessary to reschedule the

2
“When a party intends to call witnesses at a hearing on a motion under Fed. R. Crim. P.
12(b), the party must file a notice within 35 days after the arraignment. The notice must identify
the number of witnesses whom the party intends to call, the motion or motions that each witness
will be addressing, and the estimated duration of each witness’s testimony.” D. Minn. LR
12.1(c)(3)(A).
3
“If after reviewing a notice under LR 12(c)(3), a party intends to call witnesses at the
same hearing, that party must file a responsive notice within 38 days after the arraignment. The
responsive party must identify the number of witnesses whom the party intends to call, the
motion or motions each witness will be addressing, and the estimated duration of each witness’s
testimony.” D. Minn. LR 12.1(c)(3)(B).

3
CASE 0:21-cr-00169-ECT-HB Doc. 24 Filed 01/10/22 Page 4 of 4

hearing in order to hold it in person, the parties will be provided with a hearing date and

time by separate order. D. Minn. LR 12.1(d).]

11. TRIAL-RELATED DATES

a. IF NO PRETRIAL MOTIONS ARE FILED BY DEFENDANT,

i. Counsel should submit two hard copies of trial briefs, voir
dire, proposed jury instructions, exhibit and witness lists, and
trial-related motions (including motions in limine) to District
Judge Eric C. Tostrud’s chambers on or before February 28,
2022. In addition, counsel should email the proposed jury
instructions and exhibit and witness lists to
tostrud_chambers@mnd.uscourts.gov

ii. Judge Tostrud will hold a final pretrial conference on March
11, 2022 at 9:00 a.m. in Courtroom 3B, U.S. Courthouse,
316 North Robert Street, St. Paul, Minnesota.

iii. Trial will commence before District Judge Eric C. Tostrud on
March 14, 2022 at 1:00 p.m. in Courtroom 3B, U.S.
Courthouse, 316 North Robert Street, St. Paul, Minnesota.

b. IF PRETRIAL MOTIONS ARE FILED, the trial date and other
related dates will be rescheduled following the ruling on pretrial
motions. Counsel must contact the Courtroom Deputy for District
Judge Eric C. Tostrud to confirm the new trial date.

Dated: January 10, 2022 s/Hildy Bowbeer
HILDY BOWBEER
United States Magistrate Judge

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