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2:18-cr-292 USA v. Bowers

The official and complete docket is available through PACER.  

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Information

      08/01/2023       The Jury began deliberations for the Sentence Selection Phase at approximately 9:30 a.m. Once a Verdict is returned, the Court anticipates proceeding to Sentencing as soon as reasonably feasible; either the day following the verdict or the day thereafter.

      06/05/2023       On Monday 6/5/23 one juror was excused.  The trial will proceed with 12 deliberating jurors and 5 alternate jurors. The status of the jurors as deliberating or alternate jurors has not been released.

 


      05/17/2023       A pool of sixty-nine jurors have been qualified, concluding the voir dire portion of the trial. The Court is in recess until Thursday, May 25, 2023 at 8:30 a.m. At that time, or as soon thereafter as is feasible, peremptory strikes will begin, and continue, until 12 jurors and 6 alternate jurors are selected. 
 
Barring any unforeseen circumstances, the trial will begin on Tuesday, May 30, 2023 at 9:00 a.m.
 

      05/08/2023       The voir dire process will continue until a pool of approximately 70 jurors are qualified.  When that number is reached, the parties will begin peremptory strikes.  The Court does plan to recess for at least one day between seating the jury and the start of trial.  More information will be released when that time approaches.

      05/04/2023       The Court has received a report of a COVID exposure.  We are taking this situation seriously and are following safety protocols to ensure the safety of everyone involved.

      04/21/2023       Voir Dire is scheduled to begin on April 24, 2023.  The trial is expected to start in approximately mid-to-late May and last approximately two months, and possibly through the end of July.

      03/03/2023       The Juror Questionnaire Process in USA v. Bowers begins on Monday, March 6, 2023. The Process is scheduled to conclude on or before Friday, March 17, 2023. A total of 1,500 summonses have been mailed to prospective jurors. The Juror Questionnaire Process will consist of two sessions per day with approximately 75 people per session. The first session will begin at approximately 9:00 a.m. and the second session will begin at approximately 2:00 p.m. Each morning and afternoon juror questionnaire instruction session will last approximately twenty minutes. The instruction session can be viewed from Courtroom 6B. No sessions will be held on Wednesday, March 15, 2023. Voir dire is scheduled to begin April 24, 2023.

The jury will ultimately be composed of 12 jurors and 6 alternates.     



Important Case Documents

Order Appointing Federal Public Defender (Doc. No. 9) 10/31/2018
Order of Court (Doc. No. 43) 12/27/2018
01/29/2019
Notice of Intent to Seek the Death Penalty (Doc. No. 86) 08/26/2019
Order Appointing Counsel (Doc. No. 580) 09/23/2021
Notice & Order of Court (Doc. No. 788) 09/19/2022
Decorum Order (Doc. No. 1137) 04/21/2023
Memorandum Opinion (Doc. No. 1200) 05/08/2023
Order of Court (Doc. No. 1202) 05/08/2023
Memorandum Order (Doc. No. 1235) 05/16/2023
Memorandum Order Granting MOTION [1199] for an Order Directing that the Names and Addresses of All Prospective and Actual Jurors Remain Sealed At Least Until the Entry of Any and All Verdicts (Doc. No. 1241) 05/18/2023
Joint Proposed Procedures for Exercising Peremptory Strikes (Doc. No. 1253) 05/23/2023
United States' Supplemental Notice Regarding Proposed Procedures for Exercising Peremptory Strikes (Doc. No. 1254) 05/23/2023

ORDER: Following review of the parties' submission at 1253 and the Government's supplement at 1254 , the Court hereby provides notice to the parties that it intends to utilize the process proposed by the Government at Paragraph 9(a), and that it will not utilize the process outlined by the Defense at Paragraph 9(b). The Court intends to resolve all issues while the potential jurors are present on May 25, 2023. Signed by Judge Robert J. Colville on 5/23/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 1255)

05/23/2023
Motion for Reconsideration of Court’s Order Adopting Government’s Proposed Procedures for Exercising Peremptory Challenges (Doc. No. 1257) 05/23/2023

ORDER: Upon consideration of the Motion for Reconsideration filed by the Defense at 1257 , it is hereby ORDERED that the Motion is denied. The Defense requests that the Court reconsider its decision to utilize the process proposed by the Government at Paragraph 9(a) of 1253, and to not adopt the proposal raised by the Defense at Paragraph 9(b), which the Court notes was raised, for the first time, 48 hours before the peremptory strike process is scheduled to take place. In its Motion for Reconsideration, the Defense asserts that it requires additional time to review voir dire transcripts. The parties were provided with transcripts of the voir dire process at the conclusion of each day of individual questioning, which concluded one full week ago on 5/17/23. The Court ruled quickly, if not summarily, on the issue presented by the Defense at 1253 so that the Defense was on full, and nearly immediate, notice of the procedure the Court intends to utilize. The Court trusts that both the Government and Defense legal teams, each composed of highly capable attorneys, are capable of adequate review of the relevant questionnaires and transcripts, which were produced nearly contemporaneously during the voir dire process, ahead of the peremptory strike process, and that all parties may be adequately prepared to present any motion they deem appropriate on 5/25/23. The Defense cites one case in support of their request, and the quoted section of that decision reflects that the relief requested by the Defense is not at all a universal practice. The case certainly does not stand for the proposition that the Defense's requested relief is in any way constitutionally required. The Defense provides the Court with no adequate basis to reconsider its Order at 1255 , and the Motion for Reconsideration is denied.. Signed by Judge Robert J. Colville on 5/24/23. Text-only entry; no PDF will issue. This Text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 1262)

05/24/2023

ORDER Amending Decorum Order at 1137 : It is hereby ordered that the Court's Decorum Order at 1137 in this matter is amended such that Footnote 8 is replaced with the following: The Court encourages the media to enter into a press pool or come to their own agreement as to how they wish to rotate which members of the media will be allowed in the courtroom during the trial. If the media does not come to an agreement, or does not wish to come to an agreement, then the Court will set up a schedule to determine which 10 members of the media are allowed in the courtroom during the trial on a rotating basis. The Court encourages any sketch artists to come to an agreement on how they wish to rotate which sketch artists will be allowed in the courtroom during the trial. If the sketch artists do not come to an agreement, or do not wish to come to an agreement, then the Court will set up a schedule to determine which sketch artists are allowed in the courtroom during the trial on a rotating basis. Signed by Judge Robert J. Colville on 5/25/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tk) Modified text on 5/25/2023. (bsl) (Entered: 05/25/2023) (Doc. No. 1267)

05/25/2023
Unopposed Motion for Protective Order Limiting the Dissemination of Certain Evidence Including Depictions of Recordings of Deceased Victims (Doc. No. 1276) 05/26/2023
Order Granting Motion for Protective Order (Doc. No. 1279) 05/28/2023
Guilt Phase Verdict Form (Doc. No. 1341) 06/15/2023
Guilt Phase Verdict Form (Doc. No. 1346) 06/16/2023
Eligibility Phase Verdict Form (Doc. No. 1449) 07/12/2023
Eligibility Phase Verdict Form (Doc. No. 1454) 07/13/2023
Memorandum Order Of Court (Doc. No. 1505) 07/26/2023
Sentence Selection Phase Verdict Form (Doc. No. 1527) 08/01/2023
Sentence Selection Phase Verdict Form (Doc. No. 1537) 08/02/2023
Order of Court (Sentencing Hearing Scheduled and Decorum) (Doc. No. 1538) 08/02/2023
Judgment (Doc. No. 1546) 08/03/2023
ORDER: Now that the trial in this matter has concluded, the Court notes that it previously found and held on June 6, 2023 "that it is in the interests of justice that the names of jurors and potential jurors remain permanently sealed[,]" and ordered "that the names of all prospective and actual jurors shall remain permanently sealed." ECF No. 1300. By way of the present Order, the Court now unseals its findings at ECF Nos. 1242 and 1300 supporting those determinations. (Doc. No. 1549) 08/08/2023

 

Exhibits

May 30, 2023 - Government

May 31, 2023 - Government

June 1, 2023 - Government

June 2, 2023 - Government

June 5, 2023 - Government

June 6, 2023 - Government

June 7, 2023 - Government

June 8, 2023 - Government

June 12, 2023 - Government

June 13, 2023 - Government

June 14, 2023 - Government

June 26, 2023 - Government

June 29, 2023 - Defense

June 30, 2023 - Defense

July 4, 2023 - Defense

July 6, 2023 - Defense

July 7, 2023 - Defense

July 17, 2023 - Government

July 18, 2023 - Government

July 19, 2023 - Government

July 26, 2023 - Defense

August 1, 2023 - Defense

August 1, 2023 - Government