Case details

Court: nyed
Docket #: 2:01-cr-00074
Case Name: USA v. Mancuso
PACER case #: 186662
Date filed: 2001-01-19
Assigned to: Judge Denis R. Hurley

Parties

Represented Party Attorney & Contact Info
Mary Mancuso
Defendant (1)
TERMINATED: 02/10/2004
Randy Scott Zelin
Randy Scott Zelin PC 110 East 59th Street New York, NY 10022 516-873-2000 Fax: 516-873-2010 Email: rzelin@moritthock.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Stephen P. Scaring
Stephen P. Scaring, P.C. 666 Old Country Road, Suite 501 Garden City, NY 11530 516/683/8500 Fax: 516-683-8410 Email: sscaring@scaringlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

William D. Wexler
William D. Wexler, Esq. 816 Deer Park Avenue North Babylon, NY 11703 631-422-2900 Fax: 631-422-0987 Email: wexlaw@optonline.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1997-10-15 1 0 COMPLAINT as to Mary Mancuso [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 10/15/1997)
1997-10-16 2 0 CJA 23 FINANCIAL AFFIDAVIT by Mary Mancuso [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 10/17/1997)
1997-10-16 3 0 CJA 20 as to Mary Mancuso : Appointment of Attorney William Douglas Wexler Voucher # 0667393 (FOR ARRAIGNMENT PURPOSES ONLY) ( Signed by Magistrate Viktor V. Pohorelsky , Dated 10/16/97) [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 10/17/1997)
1997-10-16 4 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Magistrate Viktor V. Pohorelsky on date of 10/16/97 for arraignment; Tape # 97-77(5097-END);97-78(0-534); AUSA Michael Cornacchia present; William Wexler appointed as CJA counsel for arraignment only. Defendant Mancuso informed of her rights. Court enters a Temporary order of Detention. [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 10/17/1997)
1997-10-16 5 0 TEMPORARY COMMITMENT issued as to Mary Mancuso ( Signed by Magistrate Viktor V. Pohorelsky , dated 10/16/97) [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 10/17/1997)
1997-10-16 6 0 ARREST WARRANT Returned Executed as to Mary Mancuso on 10/16/97 [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 10/17/1997)
1997-10-17 7 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Magistrate Viktor V. Pohorelsky on date of 10/17/97 for Bail Hearing; Tape # 97-79(474-1231); AUSA Jim Tatum present; William Wexler, CJA counsel present. Defendant present in custody. Court enters a Secured Bond in the amount of $300,000. Defendant released. [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 10/17/1997)
1997-10-17 8 0 SECURED BOND entered by Mary Mancuso in Amount $ 300,000. Defendants travel is restricted to the EDNY, SDNY and travel to and from Stanford Conn. Deft. shall reposrt to Pretrial Service once a week via telephone. Bond is secured by the premises located at: 36 Slater Ave, Yonkers, NY 10710, owned by Charles and Isabelle McLester and the premises located at: 10 Dzamba Drove, Stamford, Ct 06903, owned by John and Anna Carberry ( Signed by Magistrate Viktor V. Pohorelsky , dated 10/17/97) [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 10/17/1997)
1997-12-18 9 0 AFFIDAVIT of Charles J. McLester and isabella A. McLeaster on behalf of Mary Mancuso Re: Confession of Judgment [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 12/23/1997)
1997-12-18 10 0 AFFIDAVIT of John F. Carberry and Marie Carberry on behalf of Mary Mancuso Re: Confession of Judgment [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 12/23/1997)
1997-12-31 11 0 CJA 20 as to Mary Mancuso Authorization to Pay William Douglas Wexler for defendant Mary Mancuso $ 601.50 Voucher # 0829222 ( Signed by Magistrate Viktor V. Pohorelsky , Dated 11/21/97 [ 9:97-m -1530 ] (Rooney, Tim) (Entered: 12/31/1997)
2001-01-19 12 0 INDICTMENT as to Mary Mancuso (1) count(s) 1 (Bollbach, Jean) (Entered: 01/19/2001)
2001-02-01 13 0 CALENDAR ENTRY as to Mary Mancuso; Case called before Senior Judge Jacob Mishler on date of 2/1/01 @ 9:30. Criminal Cause for Pleading. Court Reporter/ESR Mary Ann Steiger. AUSA: James Tatum, Jr. Defendant Mary Mancuso present on bail with retained counsel Randy Scott Zelin. Defendant plead guilty to all charges in the Indictment. Not Guilty: , Mary Mancuso (1) count(s) 1 , set status conference for 9:30 3/9/01 for Mary Mancuso before Senior Judge Jacob Mishler Waiver of speedy trial entered from 2/1/01 to 3/9/01. Order of excludable placed on the record. Notice of appearance filed by Mr. Randy Zelin. Consideration by court of proposed plea agreement. (Coleman, Laurie) (Entered: 02/05/2001)
2001-02-01 14 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso from 2/1/01 to 3/9/01. (Signed by Senior Judge Jacob Mishler, Dated 2/1/01) (Coleman, Laurie) (Entered: 02/05/2001)
2001-02-01 15 0 NOTICE of Appearance for Mary Mancuso by Attorney Randy Scott Zelin (Barhome, Sydelle) (Entered: 02/09/2001)
2001-03-08 16 0 CALENDAR ENTRY as to Mary Mancuso; Case called before Senior Judge Jacob Mishler on date of 3/8/01, for Criminal Cause for Status Conference. Court Reporter: Perry Auerbach. Govt: James Tatum. Defendant Mancuso present on bail with retained counsel Randy Scott Zelin. Case adjourned until 4/20/01. set status conference for 9:30 4/20/01 for Mancuso before Senior Judge Jacob Mishler , set jury selection for 9:00 4/23/01 for Mary Mancuso before Senior Judge Jacob Mishler Parties waive speedy trial from 3/9/01 to 4/23/01. (Coleman, Laurie) (Entered: 03/12/2001)
2001-03-09 17 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso from 3/9/01 to 4/23/01. (Signed by Senior Judge Jacob Mishler, Dated 3/9/01). (Coleman, Laurie) Modified on 03/12/2001 (Entered: 03/12/2001)
2001-04-18 18 0 LETTER dated 4/18/01 from AUSA James Tatum to Judge Mishler Re: To confirm that this case is rescheduled for a status conference from its current date of 4/20/01 until 5/4/01 @ 10:00 a.m. Counsel for Mrs. Mancuso has stated that his client will waive any applicable time under the Speedy Trial Act from 4/20/01 to 5/4/01. (Coleman, Laurie) (Entered: 04/19/2001)
2001-05-07 19 0 LETTER dated 5/4/01 from James E. Tatum to Judge Mishler Re: To confirm the status conference on 5/21/01 @ 9:30 a.m. Counsel for Ms. Mancuso has stated that his client will waive any applicable time under the Speedy Trial Act from 5/4/01 to 5/21/01. (Coleman, Laurie) (Entered: 05/07/2001)
2001-05-24 20 0 LETTER dated 5/21/01 from AUSA James Tatum to Judge Mishler Re: To confirm that this case is scheduled for a status conference on 6/22/01 @ 9:30 a.m. Counsel for Ms. Mancuso has stated that his client will waive any applicable time under the Speedy Trial Act from 5/21/01 until 6/22/01. (Coleman, Laurie) (Entered: 05/24/2001)
2001-05-25 21 0 LETTER dated 5/21/01 from AUSA James Tatum to Judge Mishler Re: To confirm this case is scheduled for a status conference on 6/22/01 @ 9:30 a.m. (Coleman, Laurie) (Entered: 05/25/2001)
2001-06-25 22 0 LETTER dated 6/21/01 from James Tatum to Judge Mishler Re: To confirm that the 6/22/01 status conference has been rescheduled for 7/20/01 @ 9:30 a.m. (Coleman, Laurie) (Entered: 06/25/2001)
2001-06-22 23 0 LETTER dated 6/21/01 from AUSA James Tatum, Jr. to Hon. J. Mishler confirming this action has been rescheduled for a status conference from 6/22/01 until 7/20/01 (Barhome, Sydelle) (Entered: 06/27/2001)
2001-07-17 24 0 LETTER dated 7/17/01 from AUSA James Tatum to Judge Mishler Re: To confirm that the 7/20/01 status conference as to Mary Mancuso is adjourned until 8/3/01 @ 9:30 a.m. (Coleman, Laurie) (Entered: 07/20/2001)
2001-09-12 25 0 LETTER dated 9/12/01 from James E. Tatum, Jr. to Judge Mishler re: to confirm that this case has been re-scheduled for a status conference from its current date of 9/14/01 until 10/5/01 at 9:30 a.m. (Fagan, Linda) (Entered: 09/17/2001)
2001-09-12 26 0 LETTER dated 9/12/01 from James E. Tatum, Jr. to Judge Mishler re: to confirm that this case has been re-scheduled for a status conference from its current date of 9/14/01 until 10/5/01 at 9:30 a.m. (Fagan, Linda) (Entered: 09/18/2001)
2001-10-09 27 0 LETTER dated 10/4/01 from James E. Tatum, Jr. to Judge Mishler re: to confirm that this case has been re-scheduled for a status conference from its current date of 10/5/01 until 11/9/01 at 9:30 a.m. (Fagan, Linda) (Entered: 10/09/2001)
2001-11-09 28 0 CALENDAR ENTRY as to Mary Mancuso; Case called before Senior Judge Jacob Mishler on date of 11/9/01 at 9:30 a.m.; For Criminal Cause For Status Conference; Appearances: Deft. Mary Mancuso present on bail with retained counsel Randy Scott Zelin; For govt.: Special Assistant Attorney: James Tatum, Jr.; Courtroom Deputy: Keith Jones; Court Reporter/ESR Joseph Barbella, Chief Court Reporter. Case called. Deft. appears with counsel. Arraignment for deft adjourned to 12/14/01 at 9:30 a.m. (Fagan, Linda) (Entered: 11/09/2001)
2001-12-13 29 0 LETTER dated 12/13/01 from AUSA James Tatum to USDJ Mishler RE: Confirmation that the 12/18/01 status conference is adjourned to 1/3/02 @ 9:30 a.m. (Branciforte, Ralph) (Entered: 01/02/2002)
2001-01-04 30 0 LETTER dated 12/12/01 from James E. Tatum, Jr. to Judge Mishler re: to confirm that this case has bee re-scheduled for a status conference from its current date of 12/14/01 until 12/18/01 at 9:30 a.m. Adj. to 2/1/02 at 9:30 a.m. (Fagan, Linda) (Entered: 01/07/2002)
2002-01-28 31 0 LETTER dated 1/28/02 from James E. Tatum, Jr. to Judge Mishler re: to confirm that this case has been re-scheduled for a status conference from its current date of 1/3/02, until 3/1/02 at 10:00 a.m. (Fagan, Linda) (Entered: 01/28/2002)
2002-02-06 32 0 LETTER dated 1/28/02 from James E. Tatum, Jr. to Judge Mishler re: to confirm that this case has been re-scheduled for a status conference from 1/3/02, until 3/1/02 at 10:00 a.m.; that the deft has agreed to waive any Speedy Trial time between now and the newly scheduled date. (Fagan, Linda) (Entered: 02/06/2002)
2002-03-04 33 0 LETTER dated 3/1/02 from James E. Tatum, Jr. to Judge Mishler re: The govt. submits this letter to confirm that this case has been scheduled for a status conference on 3/22/02 at 10:30 a.m.; and, further advises the Court that the deft has agreed to waive any Speedy Trial time between now and the newly scheduled date. (Fagan, Linda) (Entered: 03/04/2002)
2002-03-05 34 0 LETTER dated 3/1/02 from James E. Tatum, Jr. to Judge Mishler re: to confirm that this case has been scheduled for a status conference on 3/22/02 at 10:30 a.m.; and, that deft. has agreed to waive any Speedy Trial time between now and the newly scheduled date. (Fagan, Linda) (Entered: 03/05/2002)
2002-03-19 35 0 LETTER dated 3/19/02 from James E. Tatum, Jr. to Judge Mishler re: to confim that this case has been scheduled for a status conference on 4/26/02 at 10:30 a.m.; to advise that deft has agreed to waive any Speedy Trial time between now and the newly scheduled date. (Fagan, Linda) (Entered: 03/20/2002)
2002-05-30 36 0 LETTER dated 5/30/02 from the Government to Judge Hurley re: Confirming that this case has been reassign to Judge Hurley from Judge Mishler. (Mierzewski, Liz) (Entered: 06/06/2002)
2002-06-28 37 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Judge Denis Hurley on date of 6/28/02 for Status conference. AUSA James Tatum For defendant: Randy Scott Zilen. Defendants continued on Bond. Waiver of Speedy trial. Court Reporter/ESR Mary Ann Steiger, set status conference for 3:30 8/9/02 for Mary Mancuso before Judge Denis Hurley (Mierzewski, Liz) (Entered: 07/01/2002)
2002-06-28 38 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso ( Signed by Judge Denis Hurley , Dated 6/28/02) (Mierzewski, Liz) (Entered: 07/01/2002)
2002-08-08 39 0 LETTER dated 8/8/02 from James Tatum to Judge Mishler re: Confirming that this case has been re-scheduled for a status conference from its current date of 8/8/02 to 9/3/02 @10:00 a.m. (Mierzewski, Liz) (Entered: 08/13/2002)
2002-09-03 40 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Judge Denis Hurley on date of 9/3/02 for Status conference Court Reporter/ESR Owen Wicker, AUSA James Tatum. For defendant: Randy Zelin-ret. Defendant continued on bond. Speedy trial information. set status conference for 3:00 10/11/02 for Mary Mancuso before Judge Denis Hurley (Mierzewski, Liz) (Entered: 09/16/2002)
2002-09-03 41 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso ( Signed by Judge Denis Hurley , Dated 9/3/02) (Mierzewski, Liz) (Entered: 09/16/2002)
2002-10-09 42 0 Letter MOTION by USA as to Mary Mancuso to extend time for the status conference presently scheduled for 10/11/02 (Mierzewski, Liz) (Entered: 10/23/2002)
2002-10-25 43 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Judge Denis Hurley on date of 10/25/02 @11:35 a.m. for Status Conference Court Reporter/ESR Paul Lombardi, set status conference for 2:30 12/6/02 for Mary Mancuso. AUSA James Tatum. Counsel for Defendant: Randy Zelin before Judge Denis Hurley , set jury selection for 3/17/03 for Mary Mancuso before Judge Denis Hurley , set Jury trial for 3/17/03 for Mary Mancuso before Judge Denis Hurley Defendant continued on Bond. Trial to last 2 weeks. (Mierzewski, Liz) (Entered: 11/05/2002)
2002-10-25 44 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso ( Signed by Judge Denis Hurley , Dated 10/25/02) (Mierzewski, Liz) (Entered: 11/05/2002)
2002-10-25 45 0 CONSENT to Trial by Magistrate by Mary Mancuso (Mierzewski, Liz) (Entered: 11/05/2002)
2002-12-10 46 0 MEMORANDUM dated 12/9/02 from US Pretrial Services Officer to Judge Hurley re: request for a modification of the Defendant's bail, eliminating her requirement ot report to the Pretrial Services Agency. AUSA James Tatum concurs with this recommendation. (Mierzewski, Liz) (Entered: 01/06/2003)
2002-12-13 47 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Judge Denis Hurley on date of 12/13/02 @10:15 a.m. for Status conference. For AUSA: James Tatum, For Defendant: Randy Scott Zelin-retDefendant continued on bond. Court Reporter/ESR Mary Ann Steiger, set status conference for 10:30 1/31/03 for Mary Mancuso before Judge Denis Hurley (Mierzewski, Liz) (Entered: 01/09/2003)
2002-12-13 48 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso ( Signed by Judge Denis Hurley , Dated 12/13/02) (Mierzewski, Liz) (Entered: 01/09/2003)
2003-01-31 49 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso ( Signed by Judge Denis Hurley , Dated 1/31/03) (Mierzewski, Liz) (Entered: 02/12/2003)
2003-01-31 50 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Judge Denis Hurley on date of 1/31/03 for Status conference Court Reporter/ESR Perry Auerbach, set status conference for 2:30 3/14/03 for Mary Mancuso before Judge Denis Hurley Trial scheduled for March 17, 2003 is adjourned without a date. (Mierzewski, Liz) (Entered: 02/14/2003)
2003-03-14 51 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Judge Denis Hurley on date of 3/14/03 for Status Court Reporter/ESR Owen Wicker, AUSA James Miskiewicz for James Tatum. For Defendant: Randy Scott Zelin-ret. Defendant continued on bond. Waiver of speedy trial. set status conference for 11:00 4/25/03 for Mary Mancuso before Judge Denis Hurley (Mierzewski, Liz) (Entered: 03/17/2003)
2003-03-14 52 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso ( Signed by Judge Denis Hurley , Dated 3/14/03) (Mierzewski, Liz) (Entered: 03/17/2003)
2003-04-25 53 0 CALENDAR ENTRY as to Mary Mancuso ; Case called before Judge Denis Hurley on date of 4/25/03 @11:15 for Status Court Reporter/ESR Perry Auerbach, set status conference for 9:30 6/13/03 for Mary Mancuso before Judge Denis Hurley Defendant continued on bond. (Mierzewski, Liz) (Entered: 05/05/2003)
2003-04-25 54 0 WAIVER of Speedy Trial and/or ORDER of Excludable Delay by Mary Mancuso ( Signed by Judge Denis Hurley , Dated 4/25/03) (Mierzewski, Liz) (Entered: 05/05/2003)
2003-06-18 55 0 Letter from James Tatum, Jr. to Judge Mishler re: Confirming that this case has been scheduled for a status conference for 6/20/03 @10:00 a.m. (Mierzejewski, Elizabeth) (Entered: 06/26/2003)
2003-06-26 56 0 Minute Entry Case called. Motions to be made by 8/29/03, Response by Governmetn: 9/16/03, Reply by Defendant: 9/26/03. Motion conference held on 10/10/03 @10:00 a.m. Decision entered on the record-Defendant. for proceedings held before Denis R. Hurley :Status Conference as to Mary Mancuso held on 6/26/2003 Status Conference set for 7/8/2003 10:00 AM before Judge Denis R. Hurley. (Court Reporter Paul Lombardi.) (Mierzejewski, Elizabeth) (Entered: 07/11/2003)
2003-07-11 57 0 NOTICE OF ATTORNEY APPEARANCE: Stephen P. Scaring appearing for Mary Mancuso (Mierzejewski, Elizabeth) (Entered: 07/11/2003)
2003-06-20 58 0 Minute Entry Case called. For AUSA: James Tatum. For Defendant: Randy Zelin-ret. for proceedings held before Denis R. Hurley :Status Conference as to Mary Mancuso held on 6/20/2003. Defendant continued on Bond. Plea offer extended to 6/27/03 @12:00 p.m. Status Conference set for 6/27/2003 02:00 PM before Judge Denis R. Hurley. (Court Reporter Stephanie Drexler.) (Mierzejewski, Elizabeth) (Entered: 07/23/2003)
2003-06-20 59 0 ORDER TO CONTINUE - Ends of Justice as to Mary Mancuso Time excluded from 6/20/03 until 6/27/03. . Signed by Judge Denis R. Hurley on 6/20/03. (Mierzejewski, Elizabeth) (Entered: 07/23/2003)
2003-07-02 60 0 Letter dated 7/1/03 from Stephen P. Scaring re: Ms. Mancuso is aware of and consents to motion schedule and conference schedule set down (in minute entry, document #56). In light of the foregoing motion schedule, Ms. Mancuso consents to the exclusion of time and waives Speedy Trial from 6/27/03 until 10/10/03. (Dachille, Patty) (Entered: 08/04/2003)
2003-08-27 61 0 Letter APPLICATION dtd 8/18/03 from Faith A. Friedman, Esq. for Ms. Mancuso to travel on vacation from 9/7/03 to 9/14/03 outside of the Southern and Eastern District. (Barhome, Sydelle) (Entered: 09/08/2003)
2003-09-05 62 0 Letter APPLICATION dtd. 9/3/03 from Faith A. Friedman to Hon. J. Hurley requesting permission for Ms. Mancusco to travel to Bermuda for a vacation from 9/14/03 to 9/21/03 instead of the week before. (Barhome, Sydelle) (Entered: 09/24/2003)
2003-09-17 63 0 LETTER MOTION dtd 9/16/03 from Mark Leski to Judge Hurley re: Request that the indictment be dismissed. (Mierzejewski, Elizabeth) Modified on 10/28/2003 (Mierzejewski, Elizabeth). (Entered: 10/03/2003)
2003-09-26 64 0 REPLY AFFIDAVIT by Mary Mancuso in support of the 63 Letter motion to dismiss the indictment. (Mierzejewski, Elizabeth) (Entered: 10/15/2003)
2003-09-29 65 0 REPLY MEMORANDUM OF LAW in support of Defendant's Motion to dismiss indictment with prejudice. (Mierzejewski, Elizabeth) (Entered: 10/16/2003)
2003-10-09 66 0 LETTER dtd 10/9/03 from Mark Lesko to Judge Hurley re: Response to the Defendant's Reply Memorandum of Law dtd 9/25/03, in which defense counsel alleges for the first time the existence of a purported "pattern of delay and neglect on the United States Attorney's office" with respect to the compliance with the Speedy Trial Act. (Mierzejewski, Elizabeth) (Entered: 10/21/2003)
2003-10-22 67 0 AFFIDAVIT by Matthew W. Brissenden in support of the 63 Letter Motion to dismiss the indictment. (Mierzejewski, Elizabeth) (Entered: 10/28/2003)
2003-10-24 68 0 LETTER MOTION dtd 10/22/03 from Counsel for Defendant to Judge Hurley re: Request that the court dismiss the indictment with prejudice. (Mierzejewski, Elizabeth) (Entered: 10/29/2003)
2003-10-17 69 0 LETTER MOTION dtd 10/16/03 from Counsel for Defendant to Judge Hurley re: Request that the defendant be given a short extension until 10/22/03 to file her submissions. (Mierzejewski, Elizabeth) (Entered: 11/04/2003)
2003-10-22 70 0 LETTER dtd 10/22/03 from Mark Lesko to Judge Hurley re: Response to the Court's request at the argument on defendant's motion to dismiss the indictment that the government advise the Court of case law supporting its contention that the defendant should be estopped from raising the issue of a speedy indictment violation. (Mierzejewski, Elizabeth) (Entered: 11/19/2003)
2004-02-10 71 0 MEMORANDUM AND ORDER as to Mary Mancuso; For the reasons indicated - particularly the extraordinary period between deft's arrest and indictment, and the prejudice sustained as a result thereof - the Court finds that deft has met her burden of proof and the captioned indictment is dismissed with prejudice. ( Signed by Judge Denis R. Hurley on 2/10/04.) c/m (Fagan, Linda) (Entered: 02/11/2004)
2004-02-12 72 0 Letter from Gary R. Brown to Honorable Denis R. Hurley, dated 2/12/04 re: To request that the Court amend the above-referenced Memorandum and Order dated 2/10/04 so as to remove the name of AUSA Mark Lesko from page 11 of the opinion. The relevant portion of The court's Opinion states as follows: The current AUSA assigned to the case, Mark Lesko, ("Lesko"), has not provided an affidavit from his predecessor regarding pre-indictment interaction with the defense, even though the Court expressed concern about that deficiency during the motion hearing... Lesko has proffered the following items in support of the government's waiver/estoppel argument... (Fagan, Linda) (Entered: 02/12/2004)
2004-02-12 73 0 AMENDED MEMORANDUM AND ORDER as to Mary Mancuso; Amending the Memorandum and Order dated 2/10/04 removing the name of AUSA Mark Lesko from page 11 of the opinion. The relevant portion of the Court's opinion is amended as follows: The AUSA who was in charge of the prosecution until relatively recently is no longer with the office. The current AUSA assigned to the case has not provided an affidavit from his predecessor regarding pre-indictment interaction with the defense, even though the Court expressed concern about that deficiency durng the motion hearing. Tr. of Oct. 10, 2003 Motion Hr'g at 6, 11-12. However, the government has profered the following items in support of the government's waiver/estoppel argument... ( Signed by Judge Denis R. Hurley on 2/12/04.) (Fagan, Linda) (Entered: 02/13/2004)
2004-03-11 74 0 NOTICE OF APPEAL by USA as to Mary Mancuso re 71 Memorandum Opinion. Copy of notice, certified copy of the docket and copy of the order forwarded to USCA. Copy of notice forwarded to chambers and mailed to appellee. (Romano, Daniel) (Entered: 04/27/2004)
2004-05-12 75 0 USCA Scheduling Order as to Mary Mancuso re 74 Notice of Appeal - Final Judgment Appeal Record due by 5/26/2004. Defendant Brief due by 6/25/2004. Government Brief due by 7/26/2004. (Romano, Daniel) (Entered: 05/14/2004)
2004-06-29 76 0 MANDATE of USCA (certified copy) as to Mary Mancuso re 74 Notice of Appeal - Final Judgment. The appeal is withdrawn by stipulation. Copy sent to chambers. (Romano, Daniel) (Entered: 07/07/2004)