Lakin waives right to speedy trial
Tom Lakin has waived his right to a speedy trial.
During a telephone conference with U.S. District Judge Phil Gilbert on June 14, Lakin agreed with Gilbert that his case should not proceed to trial any earlier than the scheduled Jan. 14, 2008, trial date. He waived any speedy trial issues by agreeing to the excludable time.
"The court finds that a failure to continue this matter until January, 2008 would most likely result in a miscarriage of justice and finds the ends of justice outweigh the best interest of the public and the defendant in a speedy trial," Gilbert wrote.
Lakin was indicted on seven counts of drug and sex with a minor charges by a federal grand jury in East St. Louis in April. He pleaded not guilty and remains free on a $250,000 unsecured bond.
Gilbert also gave Lakin until July 6 to file pre-trial motions. Lakin originally had until June 13 to file his motions.
In his motion for an extension to file pre-trial motions, Lakin's attorney, Scott Rosenblum of St. Louis, informed Gilbert that the government agreed to copy its entire discovery file to CDs and other readable media for his review, as opposed to having to make numerous appointments to review the discovery.
"The parties agreed this would be the most efficient way to review the large numbers of documents in the case in light of the busy schedules of both counsel for Defendant and counsel for the Government," Rosenblum wrote.
Rosenblum also informed Gilbert that he received about 80 percent of the discovery on June 11, and believes the rest of the discovery will be in his possession shortly.
Rosenblum argues he has not had a meaningful opportunity to review the discovery in the case to determine whether any pre-trial motions should be filed, nor can he properly file an amended motion for discovery without thoroughly reviewing what the government has already produced.
Assistant U.S. Attorney Stephen Clark did not object to the extension of time.
In May, Lakin filed a motion for discovery with Gilbert asking the government to hand over the names and addresses of people who have knowledge pertaining to the case, any and all arrest and conviction records of the witnesses that the government plans to call as a witness and the written statements of all the people who the government does not plan to call as a witness.
Lakin also wants the names and whereabouts of any informer who gave information that led to his arrest.
Lakin has also asked for the transcript of testimony given by any person before the grand jury, including the precise nature of any statements attributable to him.
He also is asking for any and all written or recorded statements made by or purported to have been made by him, along with the substance of any oral statement that the government intends to offer in evidence at the trial.
Lakin wants the government to hand over "any and all instruments, documents or other tangible objects" obtained during its investigation.
He is requesting books, papers, documents and/or other tangible objects that the government relied on in returning the indictment.
He wants all written reports of any chemical analysis of a substance seized along with the test results, dates and determinations as to the nature or weight of the substance.
Lakin further asks for any material that may serve to mitigate punishment including any evidence impeaching or contradicting testimony of government witnesses or instructions to witnesses not to speak or discuss the case with the defense counsel.