Order on Arraignment — United States v. Zsa Zsa Bouvier Couch (M.D. Ala., Dkt. 161, March 15, 2023)

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An Order on Arraignment in United States of America v. Zsa Zsa Bouvier Couch, Case No. 2:21-cr-00185-MHT-CWB, Document 161, filed 03/15/23, in the U.S. District Court for the Middle District of Alabama, Northern Division. It states that the defendant appeared in open court with counsel Erica Kemmer on February 28, 2023 and entered a plea of NOT GUILTY. The order sets an initial pretrial conference for 4:00 p.m. on April 12, 2023 before United States Magistrate Judge Chad W. Bryan by video conference. It sets trial before United States District Judge Myron H. Thompson on the trial term beginning June 5, 2023, at 10:00 a.m. in Montgomery, Alabama, and addresses pretrial motions, discovery and Speedy Trial Act findings. The signature block names Stephen M. Doyle, United States Magistrate Judge.

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      Case 2:21-cr-00185-MHT-CWB Document 161 Filed 03/15/23 Page 1 of 3




                     IN THE UNITED STATES DISTRICT COURT FOR
                         THE MIDDLE DISTRICT OF ALABAMA
                                NORTHERN DIVISION

UNITED STATES OF AMERICA                         )
                                                 )
v.                                               )        Case No. 2:21-cr-00185-MHT-CWB
                                                 )                  (WO)
ZSA ZSA BOUVIER COUCH                            )


                                 ORDER ON ARRAIGNMENT

       On February 28, 2023, the defendant Zsa Zsa Bouvier Couch appeared in person and
in open court with counsel Erica Kemmer and was arraigned in accordance with the provisions of
Rule 10 of the Federal Rules of Criminal Procedure.

        PLEA. The defendant entered a plea of NOT GUILTY. Counsel for the defendant is
requested to contact the United States Attorney immediately if the defendant intends to engage in
plea negotiations. If the defendant decides to change his plea, the parties shall file a notice of
intent to plead guilty or otherwise notify the clerk’s office at or before the pretrial conference such
that this case will be set on a plea docket.

        PRELIMINARY SENTENCING GUIDELINES INFORMATION. The court no
longer requires the United States Probation Office to provide preliminary sentencing guideline
information to defendants. However, in difficult or complex cases, defendants may request the
United States Probation Office to provide Sentencing Guideline calculation assistance with
the understanding that any estimate is tentative only and is not binding on the United States
Probation Office, the parties, or the court. The court expects that requests for Sentencing Guideline
calculation assistance shall be the exception and that defendants will not make such requests as a
matter of routine. A request for Sentencing Guideline calculation assistance shall be made in
writing to the supervisor of the Presentence Investigation Unit of the United States Probation
Office not later than ten days from the date of this Order. The calculation shall be completed not
later than one week before the pretrial conference.

        PRETRIAL CONFERENCE. An initial pretrial conference is hereby set for
4:00 p.m. on April 12, 2023 before United States Magistrate Judge Chad W. Bryan
by video conference. Not later than three days prior to the date of the pretrial conference,
counsel shall confer about the issues and matters to be discussed at the pretrial conference
as set forth in this Order. Counsel who want in-custody defendants to attend must notify the
Magistrate Judge not later than three days prior to the conference so that an order to produce can
be issued to the United States Marshal.




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     Case 2:21-cr-00185-MHT-CWB Document 161 Filed 03/15/23 Page 2 of 3




        At the pretrial conference defense counsel and counsel for the government shall be fully
prepared to discuss all pending motions, the status of discovery, possible stipulations, and the
estimated length of the trial. Defense counsel and counsel for the government shall be fully
prepared to provide a definite commitment as to the final disposition of this case―by trial, plea,
or other non-trial disposition. If resolution of a dispositive motion will affect the nature of this
commitment, counsel must be fully prepared to discuss such impact with the court. Any notice of
intent to enter a plea should be filed at or before the pretrial conference. If additional time is
needed for plea negotiations, counsel should be prepared to inform the court as to the date when
negotiations will be completed.

         TRIAL. At arraignment, the parties agreed that due to the nature of this case, the need for
adequate time for discovery, and the need for counsel to have adequate time for trial preparation,
the case should be set for trial before United States District Judge Myron H. Thompson on the
trial term beginning June 5, 2023, at 10:00 a.m., in Montgomery, Alabama, unless otherwise
ordered by the court.

        In setting this case for trial on the term indicated above, the court recognizes that the
Speedy Trial Act places limits on the court’s discretion, and that under the act, the trial of a
defendant must commence within 70 days of the date of the indictment or the date of the
defendant’s first appearance before a judicial officer, whichever is later. 18 U.S.C. § 3161(c)(1).
In determining whether a case should be set after the expiration of the 70-day period, a court must
consider among other factors “[w]hether the failure to [set the case at a later date] ... would be
likely to ... result in a miscarriage of justice.” 18 U.S.C. § 3161(h)(7)(B)(I). The court also must
consider “whether the failure to grant such a continuance ... would deny counsel for the defendant
or the attorney for the government the reasonable time necessary for effective preparation, taking
into account the exercise of due diligence.” 18 U.S.C. § 3161(h)(7)(B)(iv). Based on the nature of
this case, the parties’ need for adequate time for the complex nature of discovery, the court finds
that the ends of justice served by setting this case on this trial term outweigh the best interest of
the public and the defendant in a speedy trial.

        PRETRIAL MOTIONS. All pretrial motions under Fed.R.Crim.P. 12(b) and (d),
14 and 16, all notices under Fed.R.Crim.P. 12.1, 12.2 and 12.3, and any motion to compel pursuant
to M.D. Ala. LCrR 16.1 Criminal Discovery (a copy of this Rule may be found at
http://www.almd.uscourts.gov/forms/almd-local-rules) must be filed no later than TWO DAYS
BEFORE THE FIRST PRETRIAL CONFERENCE HELD IN THIS CASE, except that if
the pretrial conference falls on Monday, the deadline for filing pretrial motions is always the
preceding Wednesday. No motion filed after said date will be considered unless filed with leave
of court. A continuance of the pretrial conference or trial does not extend the motions deadline.
THE CONFERENCING REQUIREMENT SET FORTH IN M.D. Ala. LCrR 16.1(C)
CRIMINAL DISCOVERY SHALL BE MET BEFORE THE COURT WILL CONSIDER
ANY DISCOVERY MOTION. THE COURT WILL DENY MOTIONS TO ADOPT
MOTIONS FILED BY OTHER DEFENDANTS.

        Motions to suppress must allege specific facts that, if proven, would provide a basis of
relief. The court will summarily dismiss suppression motions that are supported only by general
or conclusory assertions founded on mere suspicion or conjecture. All grounds upon which the




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defendant relies must be specifically stated in the motion in separately numbered
paragraphs in a section of the motion labeled “Issues Presented.” Grounds not stated in the
“Issues Presented” section of the motion will be deemed to have been waived. See generally
United States v. Richardson, 764 F.2d 1514, 1526-27 (11th Cir. 1985).

       The government shall file a response to all motions filed by the defendant on or before
five days prior to the date set for a hearing on the motion or, if no hearing is necessary, on
or before ten days after the date of the pretrial conference.

       DISCOVERY. All discovery in this case shall be conducted according to the requirements
of M.D. Ala. LCrR 16.1 Criminal Discovery. Unless the government provided initial disclosures
to the defendant prior to or at arraignment, the government is ORDERED to tender initial
disclosures to the defendant on or before February 28, 2023. Disclosures by the defendant, as
required by M.D. Ala. LCrR 16.1(a)(4) shall be provided on or before March 7, 2023.

        JENCKS ACT STATEMENTS. The government agrees to provide defense counsel with
all Jencks Act statements no later than the day scheduled for the commencement of the trial.1

        MANDATORY APPEARANCE OF COUNSEL. All counsel of record are ORDERED
to appear at all future court proceedings in this case. Counsel who find it impossible to be in
attendance (especially at the pretrial conference, jury selection, or trial) must make arrangements
to have substitute counsel appear on behalf of their client(s). However, any counsel who wishes
to have substitute counsel appear must obtain permission of the court in advance, and any counsel
who appears as substitute counsel for a defendant shall have full authorization from the defendant
to act on his or her behalf and be fully prepared to proceed. Substitute counsel shall not be counsel
for a co-defendant unless permitted by the court after proper motion.

NOTE: Except in extraordinary circumstances or circumstances in which the Constitution
would require it, the court will not entertain motions to withdraw filed by counsel who
appear at arraignment unless the motions are filed within fourteen days of the date of this
order. Failure to obtain fees from a client is not an extraordinary circumstance.

         DONE this the 15th day of March 2023.




                                                  ____________________________________
                                                  STEPHEN M. DOYLE
                                                  UNITED STATES MAGISTRATE JUDGE




1
    In certain complex cases, the government may agree to earlier production.




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