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LightFieldStudios/iStock/Getty Images Plus As I reported Monday , a January 6 Defendant arrested December 13, 2022, had not yet been indicted even though the Federal Speedy Trial Act requires the Government to indict someone within 30 days of the date of their arrest. The Defendant, Lucas Denney, had a hearing Monday afternoon on his counsel’s motions filed last week seeking his release and dismissal of the then-pending charges based on a criminal Complaint.
Over the weekend, the magistrate judge in DC ordered Denney to be personally brought before him for Monday’s hearing and for the Government to explain the delay in bringing Denney before the court after he was transported by the U.S. Marshal’s service from Texas, arriving in DC over five weeks ago, on January 31, 2022.
Also, on Sunday, the Chief Judge of the DC District Court, who oversees the magistrate docket, entered a separate order directing the magistrate to produce a report and make a recommendation to her about how to resolve Denney’s emergency motion that his charges must be dismissed under the Speedy Trial Act because he was not indicted within 30 days of his arrest as required by 18 USC 3162 . No deadline was set for the report, however, despite the emergency nature of the motion.
The magistrate judge commenced the hearing by apologizing to Denney that he had been “lost” by the system. He expressed frustration and outrage that the Department of Justice did not properly notify the court of Denney’s arrival in DC or properly docket the case’s next procedural step, thereby causing Denney to sit in a jail cell for weeks before being seen by a judge in DC. The judge acknowledged that even an hour of unlawful detention was an affront to our constitutional principles.
The judge confirmed, as I reported Monday, that […]
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