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Government’s Motion to Continue Trial — No. 1:21-cr-20242 (Dkt. 88, S.D. Fla.)

Summary

The Government's Motion to Continue Trial, Document 88, entered August 11, 2022 in United States v. Mark Scott Grenon, Jonathan David Grenon, Jordan Paul Grenon and Joseph Timothy Grenon, Case No. 21-20242-CR-ALTONAGA/TORRES (1:21-cr-20242-CMA), in the U.S. District Court for the Southern District of Florida. The motion states that on August 8, 2022 the court ordered Bureau of Prisons psychological examinations of all four defendants under 18 U.S.C. § 4241 to determine whether each is competent to stand trial, and that the examinations and reports will not be done before the September 12, 2022 trial date. It asks the court to continue trial until December 5, 2022 or December 12, 2022 and to exclude the delay under 18 U.S.C. § 3161(h)(7)(A).

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Cite this document

“Government’s Motion to Continue Trial — No. 1:21-cr-20242 (Dkt. 88, S.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/government-s-motion-to-continue-trial-no-1-21-cr-20242-dkt-88-s-d-fla-6d28a070f9/, SHA-256 38da63d99251989251bc02b312873866ee624ff992de3fe01436f847ec3fa307.

Full text

Case 1:21-cr-20242-CMA Document 88 Entered on FLSD Docket 08/11/2022 Page 1 of 4




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                         CASE NO. 21-20242-CR-ALTONAGA/TORRES

  UNITED STATES OF AMERICA

  v.

  MARK SCOTT GRENON,
  JONATHAN DAVID GRENON,
  JORDAN PAUL GRENON, and
  JOSEPH TIMOTHY GRENON,

              Defendants.
  __________________________________/

                     GOVERNMENT’S MOTION TO CONTINUE TRIAL

         On August 8, 2022, the Court sua sponte ordered that the Federal Bureau of Prisons

  (“BOP”) complete psychological examinations of all four of the above-captioned defendants

  pursuant to 18 U.S.C. § 4241, for the purpose of determining whether each of the four defendants

  is competent to stand trial. (D.E. 85.) Trial is currently scheduled to begin on September 12, 2022.

  (D.E. 54.)

         The undersigned Assistant United States Attorneys have conferred with the BOP

  supervisory attorney involved with designating these defendants for psychological examination,

  and with both of the forensic psychologists employed at the Federal Detention Center in Miami,

  Florida (“FDC Miami”), who have been assigned to complete two of the four ordered

  psychological evaluations. These BOP officials informed the undersigned that on August 9, 2022,

  Defendants Jonathan David Grenon and Jordan Paul Grenon were designated to FDC Miami for

  their psychological examinations. The BOP officials stated that FDC Miami will require 45 days

  to complete each of these defendant’s evaluations and reports for the Court (comprising 30 days

  for the psychological examination followed by 15 days to prepare the report), meaning the reports
Case 1:21-cr-20242-CMA Document 88 Entered on FLSD Docket 08/11/2022 Page 2 of 4




  will not be provided to the Court prior to September 23, 2022. Once this process is complete,

  hearings may also need to be held pursuant to 18 U.S.C. § 4241 to determine whether each of these

  defendants is competent to stand trial.

          The BOP officials further informed the undersigned that on August 11, 2022, defendants

  Mark Scott Grenon and Joseph Timothy Grenon were designated to a different BOP forensic

  facility for their psychological examinations, not FDC Miami. These two defendants will need to

  be transferred from FDC Miami to this other BOP forensic facility. Once the defendants are

  transferred, which could take several weeks, the designated BOP facility will similarly require 45

  days to complete each of these defendant’s evaluations and reports for the Court, with the 45 days

  beginning on the date the defendants arrive at the designated BOP facility. Upon completion of

  their psychological examinations, these defendants will then need to be transported back to FDC

  Miami, which could take an additional several weeks. Furthermore, as noted above, once these

  examinations are complete and the defendants are transferred back to FDC Miami, hearings may

  also need to be held pursuant to 18 U.S.C. § 4241 to determine whether each of these defendants

  is competent to stand trial.

          In sum, it appears that the psychological examinations ordered by the Court will not be

  completed prior to the currently scheduled trial date of September 12, 2022, nor will the two

  defendants who were designated outside of Miami be physically present in Miami to stand trial on

  that date.

          Therefore, the government hereby respectfully requests that the Court continue trial in this

  matter until after the Court-ordered competency hearings are completed. Clarity as to the trial date

  will allow out-of-state witnesses to avoid unnecessary travel to Miami in September in the event

  that the competency proceedings are not completed prior to September 12, 2022.



                                                   2
Case 1:21-cr-20242-CMA Document 88 Entered on FLSD Docket 08/11/2022 Page 3 of 4




         Specifically, the government respectfully requests that the Court continue trial in this

  matter until December 5, 2022, or December 12, 2022. This continuance would allow sufficient

  time to ensure that the competency proceedings be completed prior to trial. Moreover, the

  government has confirmed that all their expected trial witnesses are available to testify on these

  dates. The government also respectfully requests that the Court exclude this period of delay from

  speedy trial calculations pursuant to 18 U.S.C. § 3161(h)(7)(A), on the basis of a finding that the

  ends of justice served by this continuance outweigh the best interest of the public and the

  defendants in a speedy trial.



                                               Respectfully submitted,

                                               JUAN ANTONIO GONZALEZ
                                               UNITED STATES ATTORNEY

                                        BY:    /s/ Michael B. Homer
                                               MICHAEL B. HOMER
                                               Assistant United States Attorney
                                               Court ID No. A5502497
                                               99 Northeast 4th Street
                                               Miami, Florida 33132-2111
                                               Telephone: 305-961-9289
                                               Michael.Homer@usdoj.gov

                                               JOHN C. SHIPLEY
                                               Assistant United States Attorney
                                               Senior Counsel to the Criminal Division
                                               FL Bar No. 0069670
                                               99 Northeast 4th Street
                                               Miami, Florida 33132-2111
                                               Telephone: 305-961-9111
                                               John.Shipley@usdoj.gov




                                                  3
Case 1:21-cr-20242-CMA Document 88 Entered on FLSD Docket 08/11/2022 Page 4 of 4




                                 CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that on August 11, 2022, I caused a true and correct copy of the

  foregoing to be delivered via Certified Mail to pro se Defendants Mark Scott Grenon, Jonathan

  David Grenon, Jordan Paul Grenon, and Joseph Timothy Grenon at the Miami Federal Detention

  Center, Inmate Mail/Parcels, Post Office Box 019120, Miami, Florida 33101, and that I caused a

  true and correct copy of the foregoing to be delivered to standby counsel for each defendant via

  CM/ECF.



                                                     /s/ Michael B. Homer
                                                     MICHAEL B. HOMER
                                                     Assistant United States Attorney




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