Case: Victim Rights Law Center v. U.S. Department of Education

U.S. Court of Appeals for the First Circuit

U.S. Department of Education

Judge George A. O'Toole Jr.: ORDER entered ORDER REFERRING CASE to Magistrate Judge Lawrence P. Cohen Reason for referral: Pretrial Proceedings as to Daniel E. Carpenter (Gawlik, Cathy)

Reset Hearings as to Daniel E. Carpenter : Arraignment set for 2/24/2004 02:00 PM in Courtroom 23 before Magistrate Judge Lawrence P. Cohen. (Simeone, Maria)

Judge Lawrence P. Cohen : Electronic ORDER entered granting 3 Motion to Continue as to Daniel E. Carpenter (1); the arraignment is continued to February 24, 2004, at 2:00 p.m.; the defendant shall report to Pretrial Services at 12:00 Noon, February 24, 2004, prior to the scheduled arraignment (Cohen, Lawrence)

Attorney update in case as to Daniel E. Carpenter. Attorney A. John Pappalardo for Daniel E. Carpenter added. (Cohen, Lawrence)

Set Initial status conference as to Daniel E. Carpenter : Status Conference set for 4/6/2004 02:15 PM in Courtroom 23 before Magistrate Judge Lawrence P. Cohen. (Simeone, Maria)

electronic Clerk's Notes for proceedings held before Judge Lawrence P. Cohen :Arraignment as to Daniel E. Carpenter (1) Count 1-14,15-19 held on 2/24/2004. John Pappalardo enters appearance in open court on behalf of deft; Dianne Freirra for govt, filling in for Mike Pineault; Deft arraigned on all counts; Defts pleads not guilty to all counts; deft released on personal recog. Initial status set for 4/6/04 at 2:15. (Court Reporter digital.) (Simeone, Maria) Modified on 2/26/2004 (Simeone, Maria).

Judge George A. O'Toole Jr.: Endorsed ORDER on Motion entered granting 8 Motion for Leave to Appear Pro Hac Vice for Attorney Richard S. Order for Daniel E. Carpenter. as to Daniel E. Carpenter (1)cc/cl (Edge, Eugenia)

Set status conference as to Daniel E. Carpenter : Status Conference set for 6/3/2004 02:00 PM in Courtroom 23 before Magistrate Judge Lawrence P. Cohen. (Simeone, Maria)

electronic Clerk's Notes for proceedings held before Judge Lawrence P. Cohen :Initial Status Conference as to Daniel E. Carpenter held on 4/6/2004; Mike Pineault for Govt; John Pappalardo for Deft; Parties agree on more time; Status conference set for 6/3/04 at 2:00; Subject to excludable time; All discovery to be completed by 5/21/04; Dispositive motions by 5/6/04; (Court Reporter digital.) (Simeone, Maria)

electronic Clerk's Notes for proceedings held before Judge Lawrence P. Cohen :Status Conference as to Daniel E. Carpenter held on 6/3/2004: Mike Pineault for Govt;E. Geogopolous; J. Poppolardo for deft; Motions due by 7/1/2004. govt responses due by 7/15/04; Status Conference tenatively set for 7/8/2004 02:30 PM in Courtroom 23 before Magistrate Judge Lawrence P. Cohen. subject to excludable time. (Court Reporter digital.) (Simeone, Maria)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 22 Motion for Leave to File as to Daniel E. Carpenter (1)cc/cl (Lyness, Paul)

electronic Clerk's Notes for proceedings held before Judge Lawrence P. Cohen :Status Conference as to Daniel E. Carpenter held on 7/8/2004; Evan Georgopolus for defense; Mike Pineault for Govt; defense states status of the case and req opportunity to submit further brief subject to excludable time; case to be reported back up to district judge. brief due by 8/20/2004. govt response due 9/10/04; all subject to excludable time. (Court Reporter digital.) (Simeone, Maria)

Case as to Daniel E. Carpenter no longer referred to Lawrence P. Cohen. (Cohen, Lawrence)

NOTICE OF HEARING as to Daniel E. Carpenter Pretrial Conference set for 9/21/2004 02:00 PM in Courtroom 9 before George A. O'Toole Jr.. Counsel is also to be prepared, if necessary, to argue the pending motion(s). Please mark your calendars accordingly. (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Motion Hearing as to Daniel E. Carpenter held on 9/21/2004 re 27 MOTION to Dismiss filed by Daniel E. Carpenter, 13 MOTION to Dismiss filed by Daniel E. Carpenter. The court takes the motions under advisement. (Court Reporter Shelly Killian.) (Lyness, Paul)

Reset arraignment as to Daniel E. Carpenter : Arraignment reset for 10/7/2004 01:45 PM in Courtroom 23 before Magistrate Judge Lawrence P. Cohen. (Simeone, Maria)

Case as to Daniel E. Carpenter no longer referred to Magistrate Judge Lawrence P. Cohen. (Hurley, Virginia)

electronic Clerk's Notes for proceedings held before Judge Lawrence P. Cohen :Arraignment as to Daniel E. Carpenter (1) Count 1s-14s,15s-19s held on 10/7/2004 ; John Pappalardo for deft; Mike Pineault for Govt; deft is arraigned on superseding indictment and pleads not guilty; (Court Reporter digital.) (Simeone, Maria)

Notice of correction to docket made by Court staff. Correction: Start of Excludable Time corrected because: Time has not been excluded as to Daniel E. Carpenter (Lyness, Paul)

NOTICE OF HEARING as to Daniel E. Carpenter Pretrial Conference set for 11/15/2004 02:30 PM in Courtroom 9 before George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul) Modified on 11/5/2004 (Lyness, Paul).

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 42 Motion for Hearing as to Daniel E. Carpenter (1); granting 43 Motion to Exclude as to Daniel E. Carpenter (1) (Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 31 Motion for Leave to File as to Daniel E. Carpenter (1); granting 12 Motion for Leave to File as to Daniel E. Carpenter (1); granting 16 Motion for Extension of Time to File Response/Reply as to Daniel E. Carpenter (1) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Pretrial Conference as to Daniel E. Carpenter held on 11/15/2004. Government to have their disclosure due by 11/22/04. Jury Selection set for 12/6/2004 09:00 AM in Courtroom 9 before George A. O'Toole Jr.. Jury Trial set for 12/6/2004 09:00 AM in Courtroom 9 before George A. O'Toole Jr..Final Pretrial Conference set for 11/29/2004 02:15 PM in Courtroom 9 before George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul)

Motions terminated as to Daniel E. Carpenter : 43 MOTION for Excludable Delay to filed by USA. (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Pretrial Conference as to Daniel E. Carpenter held on 11/29/2004 Jury Selection set for 4/4/2005 09:00 AM in Courtroom 9 before Judge George A. O'Toole Jr.. Jury Trial set for 4/4/2005 09:00 AM in Courtroom 9 before Judge George A. O'Toole Jr.. Final Pretrial Conference set for 3/24/2005 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. All time between 11/29/04 and 4/4/05 is excluded in the interest of justice.(Court Reporter Lee Mazilli.) (Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 45 Motion to Continue as to Daniel E. Carpenter (1); granting 46 Motion to Exclude as to Daniel E. Carpenter (1) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Pretrial Conference as to Daniel E. Carpenter held on 3/24/2005. A status conference is scheduled for Monday, March 28, 2005 at 2:00pm. Please mark your calendars accordingly. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Status Conference as to Daniel E. Carpenter held on 3/28/2005 Jury Selection is now set for 5/9/2005 09:00 AM in Courtroom 9 before Judge George A. O'Toole Jr.. Jury Trial is now set for 5/9/2005 09:00 AM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Motion Hearing as to Daniel E. Carpenter held on 3/31/2005 re 53 MOTION to Continue filed by Daniel E. Carpenter, The motion is GRANTED IN PART AND DENIED IN PART., The jury trial has been continued until 7/11/05 at 9:00am. Motions terminated as toDaniel E. Carpenter: (Court Reporter Shelly Killian.) (Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 55 Motion to Withdraw as Attorney. as to Daniel E. Carpenter (1) (Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 56 Motion to Take Deposition as to Daniel E. Carpenter (1) (Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 50 Motion to Exclude as to Daniel E. Carpenter (1) (Lyness, Paul)

NOTICE OF HEARING as to Daniel E. CarpenterFinal Pretrial Conference set for 6/30/2005 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. cc/cl(Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered terminating 47 Motion for the issuance of a rule 17 subpoena duces tecum to the govts expert witness for the pre-trial production of certain documents and data as to Daniel E. Carpenter (1) (Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting nunc pro tunc 64 Motion for Leave to File; denying 66 Motion to Transfer Case; granting 68 Motion to Exclude; denying 71 Motion to Transfer Case; granting 72 Motion for Leave to File.As to the motion to transfer the case to Connecticut, the defendant has not shown that the balance of considerations bearing on either convenience or the interests of justice tips in favor of a transfer. Additionally, there is no sufficient reason to transfer the case to the Western Division of this District. As to the motion to exclude the time between the former trial date and the new trial date, the defendant's position is contradictory and untenable. A brief resume of prior consideration and setting of the trial date in this case is in order. On November 15, 2004, the defendant's motions to dismiss having been denied, the court set the case for trial to begin on December 6, 2004. A factor in the selection of the date was the defendant's position that he would not waive his right to a trial within the time limits established under the Speedy Trial Act. Two days later, however, on November 17, 2004,the parties filed a joint motion to continue the trial to a date in March and to exclude the intervening time from the Speedy Trial Act calculation. After a hearing, both motions were granted and the trial was set to commence on April 4, 2005. The trial was then continued further at the defendant's request to May 9, 2005. The parties again submitted a joint motion to exclude the intervening time from the Speedy Trial Act calculation, which was eventually granted. The defendant then sought a further continuance of the trial date and again the court granted the request, though the continuance was not as long as the defendant wanted. All of the continuances of the trial date have either been sought or concurred in by the defendant. The continuances have been granted to permit the defendant the time to prepare his case and to arrange for trial counsel. Under these circumstances, the interests of justice justify the continuance and consequently justify the exclusion of the intervening time from the calculation of the allowable time to trial under the Speedy Trial Act. Put another way, the same considerations that justified the continuance of the trial from May 9 justify the exclusion of the time under the Speedy Trial Act. (O'Toole, George)

Judge George A. O'Toole Jr.: Electronic ORDER entered Final PreTrial Conference held. after hearing on the several pending motion and for the reasons stated on the record, the court makes the following orders: granting 78 Motion to Inspect as to Daniel E. Carpenter (1); denying 79 Motion to Dismiss for Speedy Trial as to Daniel E. Carpenter (1); reserving ruling on 80 Motion for Discovery as to Daniel E. Carpenter. The government is to submit the disputed documents to the Court for in camera review (1); denying 82 Motion in Limine as to Daniel E. Carpenter the Court will not categorically exclude the evidence but will consider objections to individual pieces of evidence during the trial (1); denying 83 Motion in Limine as to Daniel E. Carpenter (1); denying 84 Motion in Limine as to Daniel E. Carpenter (1); granting 85 Motion in Limine as to Daniel E. Carpenter (1); reserving ruling on 86 Motion in Limine as to Daniel E. Carpenter (1); reserving ruling on 87 Motion in Limine as to Daniel E. Carpenter (1); denying 88 Motion in Limine as to Daniel E. Carpenter. The Court will not categorically exclude the evidence but will consider objections to individual pieces of evidence during the trial (1); reserving ruling on 89 Motion in Limine as to Daniel E. Carpenter (1); reserving ruling on 90 Motion in Limine as to Daniel E. Carpenter (1); denying 91 Motion in Limine as to Daniel E. Carpenter. The Court will not categorically exclude the evidence but will consider objections to individual pieces of evidence during the trial (1); denying 92 Motion in Limine as to Daniel E. Carpenter (1); reserving ruling on 93 Motion in Limine as to Daniel E. Carpenter (1); reserving ruling on 94 Motion to Strike as to Daniel E. Carpenter (1); denying 101 Motion to Continue as to Daniel E. Carpenter (1)In addition, the defendant's oral motion to stay the action was denied. the parties are to submit to the Court by 7/8/05 a proposed description of the case to be read to the jury. (Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered. The government is directed to file a response to 104 defendant's MOTION to Dismiss for an Unconstitutional Grand Jury not later than 12:00 pm on Thursday, July 7, 2005. A hearing will be held on the motion at 9:00 am on Friday, July 8, 2005, in Courtroom 9, John Joseph Moakley United States Courthouse. (O'Toole, George)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Motion Hearing as to Daniel E. Carpenter held on 7/8/2005 re 104 MOTION to Dismiss for an Unconstitutional Grand Jury filed by Daniel E. Carpenter,, 107 MOTION to Dismiss for Grand Jury Bias filed by Daniel E. Carpenter,,After a hearing, the court denied No. 104 for the reasons stated on the record. With regard to No. 107, as stated on the record, the court ordered the government to produce to the defendant all exhibits and transcripts of witness testimony presented to the grand jury. Further ruling on No.107 is reserved. Motions terminated as toDaniel E. Carpenter: (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Motion Hearing as to Daniel E. Carpenter held on 7/11/2005 re 123 MOTION to Dismiss for Violations of the Grand Jury's Independence filed by Daniel E. Carpenter,, 107 MOTION to Dismiss for Grand Jury Bias filed by Daniel E. Carpenter, The court takes the arguments under advisement. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Selection as to Daniel E. Carpenter held on 7/11/2005 (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Voir Dire begun on 7/11/2005 Daniel E. Carpenter (1) on Count 1s-14s,15s-19s (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/12/2005. The jury is empanelled and sworn. Opening statements are made. Testimony of witness Eliot Snider given. Testimony of witness Linda Jokinen begins. Evidence presented. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/13/2005. Testimony of witness Linda Jokinen concluded. Testimony of witnesses Byron Darling, Brian Fitzgerald and Matthew Kameron given. Evidence presented. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/14/2005. Testimony of witnesses Marjorie Adams, Joseph Iantosca, David Eaton, Albert Bellemore given. Evidence presented. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/15/2005. Testimony of witnesses Gary Stern and Gerald Levine given. Testimony of witness Mitchell Rock begins. Evidence presented. (Court Reporter Shelly Killian.) (Lyness, Paul)

Judge George A. O'Toole Jr.: Electronic ORDER entered denying 129 Motion as to Daniel E. Carpenter (1); granting 131 Motion in Limine as to Daniel E. Carpenter (1) Jury trial held on 7/18/05. Testimony of witness Mitchell Rock concluded. Testimony of witness Laurie Enright begins. Evidence Presented. (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/19/2005. Testimony of witnesses Jackie Spielman and Thomas Rasmussen given. Testimony of witness Martin Paley begins. Evidence presented. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/20/2005. Testimony of witness Martin Paley continues. Evidence presented. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/21/2005. Testimony of witness Martin Paley concludes. Testimony of witness David Patterson given. Testimony of witness Thomas Zappala begins. Evidence presented. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/22/2005. Testimony of witness Thomas Zappala completed. Testimony of witnesses Mike Allaire, Ralph Ventresco, Claudia Breslin, David Commito, Linda Farris, Helen Flanders, Paul Sheehan and Melissa Morgantizizza given. Evidence presented. (Court Reporter Shelly Killian.) (Lyness, Paul)

Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/25/2005. Testimony of witnesses JoAnne Cheneil, Michael Bergeron, Robert Barrett, Susan Walsh, Gail Cohaly, Jeffrey Johnston, John Caldwell and James Hisgins given. Evidence concluded. Both sides rest. Charging conference held. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/26/2005. Closing arguments are given. The court charges the jury. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Jury Trial as to Daniel E. Carpenter held on 7/27/2005. Jury deliberations begin and conclude. (Court Reporter Shelly Killian.) (Lyness, Paul)

Electronic notice of correction to docket made by Court staff. Attorney Robert M. Goldstein's record updated to permit e-mail noticing. (Hurley, Virginia)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 171 Motion for Extension of Time as to Daniel E. Carpenter (1) (Lyness, Paul)

NOTICE OF HEARING as to Daniel E. CarpenterHearing on post-trial motions set for 10/31/2005 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly.(Lyness, Paul)

Set/Reset Hearings as to Daniel E. Carpenter: Sentencing set for 12/19/2005 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Abaid, Kim)

ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.:Motion Hearing as to Daniel E. Carpenter held on 10/31/2005 re 158 MOTION for New Trial with incorporated memorandum filed by Daniel E. Carpenter,, 160 MOTION for Acquittal Post-Verdict filed by Daniel E. Carpenter. Attorneys Goldstein, Weinberg and Robinson for the Defendant. Attorneys Pineault and Mitchell for the Government. Attorneys argue post trial motions re: new trial. The matters before the court are to be taken under advisement. Sentencing has been continued to December 19, 2005 at 2:00 PM in Courtroom 9 before Judge George A. O'Toole. (Court Reporter Debra Joyce.) (Abaid, Kim)

SENTENCING MEMORANDUM by USA as to Daniel E. Carpenter (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Pineault, Michael) (Entered: 12/14/2005)

Judge George A. O'Toole Jr.: MEMORANDUM & ORDER entered. as to Daniel E. Carpenter. The defendant's motion for judgment of acquittal (dkt. no. 160) is DENIED. His motion to set aside the verdict and for a new trial (dkt. no. 158) is GRANTED. (Lyness, Paul) (Entered: 12/15/2005)

Motions terminated as to Daniel E. Carpenter: 158 MOTION for New Trial with incorporated memorandum filed by Daniel E. Carpenter,, 160 MOTION for Acquittal Post-Verdict filed by Daniel E. Carpenter,. (Lyness, Paul)

REMARK: The sentence date of December 19, 2005 at 2:00pm for Daniel Carpenter is cancelled. (Lyness, Paul)

NOTICE CANCELLING DEADLINE as to Daniel E. Carpenter. Deadline cancelled: The sentence scheduled for 12/19/05 is to be cancelled (Lyness, Paul)

REPLY TO RESPONSE to Motion by Daniel E. Carpenter re 194 MOTION for Reconsideration of Denial of Rule 29 Motion on the Issue of Causation (Goldstein, Robert) (Entered: 01/13/2006)

FILING FEE PAID $ 255.00 regarding Cross Appeal (#198) Notice of Appeal as to Daniel E. Carpenter (Edge, Eugenia)

Judge George A. O'Toole Jr.: Electronic ORDER entered denying 194 Motion for Reconsideration as to Daniel E. Carpenter. (O'Toole, George)

FILING FEE PAID $ 255 regarding Notice of Appeal (#201) as to Daniel E. Carpenter (Edge, Eugenia)

Judge George A. O'Toole Jr.: ELECTRONIC ORDER entered denying Nunc Pro Tunc 80 Motion for Discovery as to Daniel E. Carpenter (1); terminating 86 Motion in Limine as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 87 Motion in Limine as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 89 Motion in Limine as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 90 Motion in Limine as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 93 Motion in Limine as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 94 Motion to Strike as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; granting at trial 106 Motion as to Daniel E. Carpenter (1); denying at trial 107 Motion to Dismiss as to Daniel E. Carpenter (1); denying at trial 108 Motion as to Daniel E. Carpenter (1); denying at trial 122 Motion for Disclosure as to Daniel E. Carpenter (1); denying at trial 123 Motion to Dismiss as to Daniel E. Carpenter (1); terminating 125 Motion in Limine as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 127 Motion to Quash as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 130 Motion in Limine as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 135 Motion to Quash as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 136 Motion to Quash as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; terminating 137 Motion in Limine as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; denying Nunc Pro Tunc 140 Motion to Dismiss as to Daniel E. Carpenter (1); denying Nunc Pro Tunc 142 Motion for Acquittal as to Daniel E. Carpenter (1); denying Nunc Pro tunc 143 Motion for Acquittal as to Daniel E. Carpenter (1); denying Nunc Pro tunc 146 Motion for Acquittal as to Daniel E. Carpenter (1); terminating 147 Motion as to Daniel E. Carpenter (1)as it was resolved by rulings at trial; granting 159 Motion for Leave to File as to Daniel E. Carpenter (1); granting 173 Motion for Leave to File as to Daniel E. Carpenter (1); granting 176 Motion for Leave to File as to Daniel E. Carpenter (1); terminating as a non motion 177 Motion for New Trial as to Daniel E. Carpenter (1); terminating as a non motion 178 Motion for Acquittal as to Daniel E. Carpenter (1); finding as moot 187 Motion to Continue as to Daniel E. Carpenter (1); denying 189 Motion for New Trial as to Daniel E. Carpenter (1) (Lyness, Paul) Modified on 2/21/2006 (Edge, Eugenia).

Memorandum regarding Certification of United States re: Transcripts as to Daniel E. Carpenter (Pineault, Michael) (Entered: 02/23/2006)

REPLY TO RESPONSE to Motion by Daniel E. Carpenter re 203 MOTION to Modify Conditions of Release and return of passport (Goldstein, Robert) (Entered: 02/24/2006)

Joint MOTION to Withdraw as Attorney by Jack E. Robinson, Richard S. Order, and Edward A. McDonald. as to Daniel E. Carpenter. (Robinson, Jack) (Entered: 02/25/2006)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting in part and denying in part 203 Motion to Modify Conditions of Release as to Daniel E. Carpenter (1). The conditions of release are modified as follows: The defendant shall report by telephone mnonthly to Pretrial Services. The request for the return of the defendant's passport is denied without prejudice to the defendant's right to seek the temporary return of his passport for specific travel. (O'Toole, George)

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 208 Motion to Withdraw as Attorney. as to Daniel E. Carpenter (1) (Lyness, Paul)

Certified and Transmitted Record on Appeal as to Daniel E. Carpenter to US Court of Appeals re 195 Notice of Appeal, (Ramos, Jeanette) (Entered: 03/01/2006)

Judge George A. O'Toole Jr.: Electronic ORDER entered terminating 204 Motion as to Daniel E. Carpenter (1), as it is a notice and not a motion (Lyness, Paul)

TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to Shelly M. Killian as to Daniel E. Carpenter' Transcript order form filed in USCA on 3/15/06. Transcript due by 5/30/2006. Transcripts Ordered: 6/30/05 Final Pretrial Hearing and 7/11/05 Jury Voir Dire.(Scalfani, Deborah)

Judge George A. O'Toole Jr.: Electronic ORDER entered terminating as moot 193 Sealed Motion as to Daniel E. Carpenter (1) (Lyness, Paul)

ELECTRONIC NOTICE OF HEARING as to Daniel E. Carpenter Status Conference set for 11/26/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)

Electronic Clerk Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference as to Daniel E. Carpenter held on 11/26/2007. For Gov't: Jonathan Mitchell; For Deft.: Robert Goldstein and Jack Robinson. Jury Trial set for 5/5/2008 09:00 AM in Courtroom 9 before Judge George A. O'Toole Jr.. Final Pretrial Conference set for 4/24/2008 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. All time between 11/26/07 and 5/5/08 is excluded in the interest of justice.(Court Reporter Marcia Patrisso.) (Lyness, Paul)

**leave to withdraw granted on 3/31/05** Attorney update in case as to Daniel E. Carpenter. Attorney Evan Georgopoulos terminated. (Edge, Eugenia)

Judge George A. OToole, Jr: Electronic ORDER entered granting 224 Motion for Extension of Time, until 1/14/08, to File Response/Reply as to Daniel E. Carpenter (1) (Lyness, Paul)

REPLY TO RESPONSE to Motion by Daniel E. Carpenter re 229 MOTION to Dismiss on Speedy Trial (Robinson, Jack) (Entered: 02/12/2008)

Attorney update in case as to Daniel E. Carpenter. Attorney Robert M. Goldstein terminated. (Edge, Eugenia)

Judge George A. OToole, Jr: Electronic ORDER entered granting 233 Motion to Withdraw as Attorney. as to Daniel E. Carpenter (1) (Lyness, Paul)

MOTION to Withdraw as Attorney by Martin Weinberg. as to Daniel E. Carpenter. (Weinberg, Martin) (Entered: 03/17/2008)

Judge George A. OToole, Jr: Electronic ORDER entered granting 235 Motion to Withdraw as Attorney. as to Daniel E. Carpenter (1) (Lyness, Paul)

Motion for Hearing (status conference) by USA as to Daniel E. Carpenter (Mitchell, Jonathan) Modified on 3/20/2008 (Edge, Eugenia). (Entered: 03/19/2008)

Notice of correction to docket made by Court staff. Correction: Status report docket entry #236 corrected because: converted entry(see attached document) to a Motion for Hearing (status conference) as to Daniel E. Carpenter (Edge, Eugenia)

Electronic Notice of Hearing: Status Conference set for 3/26/2008 02:00 PM in Courtroom 9 before Judge George A. OToole Jr.. (Edge, Eugenia) Modified on 3/24/2008 (Edge, Eugenia).

Judge George A. OToole, Jr: Electronic ORDER entered granting 236 Motion for Hearing as to Daniel E. Carpenter (1). Status Conference set for 3/26/08 at 2:00pm. (Edge, Eugenia)

Notice of correction to docket made by Court staff. Correction: Electronic Order entered scheduling Status Conference. corrected because: To modify entry to read Notice of Hearing. as to Daniel E. Carpenter (Edge, Eugenia)

Electronic Clerk Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing as to Daniel E. Carpenter held on 3/26/2008 re 237 Second MOTION to Dismiss for Grand Jury Irregularities filed by Daniel E. Carpenter, 229 MOTION to Dismiss on Speedy Trial filed by Daniel E. Carpenter, 223 MOTION to Transfer Case for Convenience filed by Daniel E. Carpenter, 238 MOTION for Return of Property/PreTrial (Passport) filed by Daniel E. Carpenter,The court DENIES defendant's motion to Transfer Case (#223). The court RESERVES decision with respect to the Motion to Dismiss on Speedy Trial grounds. Counsel to file further briefs within a week addressing the speedy trial question. With respect to defendant's Motion to Dismiss for Grand Jury (#237) and for Return of Property(#238), the court will wait until any opposition is filed. Motions terminated as toDaniel E. Carpenter:. (Court Reporter Marcia Patrisso.)(Attorneys present: For Government: Jonathan Mitchell and Jack Pirozzolo; For Defendant: Jack Robinson) (Lyness, Paul)

Opposition by USA as to Daniel E. Carpenter re 237 Second MOTION to Dismiss for Grand Jury Irregularities (Mitchell, Jonathan) (Entered: 04/08/2008)

MOTION Reassignment of Case Under LR 40.1(K)(1) as to Daniel E. Carpenter. (Robinson, Jack) (Entered: 04/18/2008)

MOTION to Withdraw as Attorney by Alan Dershowitz. as to Daniel E. Carpenter. (Weinberg, Martin) (Entered: 04/23/2008)

MOTION in Limine to Permit the Introduction of Prior Testimony as to Daniel E. Carpenterby USA. (Attachments: # 1 Exhibit)(Mitchell, Jonathan) (Entered: 04/24/2008)

AMENDED MOTION to Withdraw as Attorney by Alan M.Dershowitz. as to Daniel E. Carpenter. (Lyness, Paul) (Entered: 04/24/2008)

Electronic Clerk Notes for proceedings held before Judge George A. OToole, Jr: Status Conference as to Daniel E. Carpenter held on 4/24/2008, ( Final Pretrial Conference set for 5/22/2008 02:00 PM in Courtroom 9 before Judge George A. OToole Jr.., Jury Trial set for 6/2/2008 09:00 AM in Courtroom 9 before Judge George A. OToole Jr..), Defendant's Second Motion to Dismiss for Grand Jury Irregularities(237)is DENIED. Defendant's Motion for Return of Property/Pretrial (238) is DENIED. Defendant's Motion for Reassignment of Case under LR 40.1 (K)(1)(245) is DENIED. Defendant's Motion to Continue Trial (247) will be GRANTED upon the filing of an appearance from attorney John Pappalardo. Defendant's Amended Motion to Withdraw as Attorney (250) is GRANTED. In light of the Amended Motion, the Motion to Withdraw as attorney (248) is MOOT. The court will hold off on making any ruling with respect to the Government's Motion in Limine to Permit the Introduction of Prior Testimony (249). Motions terminated as toDaniel E. Carpenter:. (Court Reporter Marcia Patrisso.)(Attorneys present: For Government: Jonathan Mitchell and Jack Pirozzolo; For Defendant: Jack Robinson) (Lyness, Paul)

NOTICE of Dismissal of Petition for Mandamus by Daniel E. Carpenter re 244 Notice (Other) (Robinson, Jack) (Entered: 04/25/2008)

MOTION to Withdraw as Attorney by Jack E. Robinson. as to Daniel E. Carpenter. (Robinson, Jack) (Entered: 04/25/2008)