Paul Burks criminal trial set for May 2016

In a decision handed down on May 29th, Judge Cogburn granted Burks’ request to further delay his criminal trial.

It’s not the decision we wanted, but nonetheless Paul Burks will not enter a court room for another year yet.

In his decision, Cogburn accepted that, despite the subject matter having little to do with Burks’ indictment as the SEC claimed, that Burks’ request was

informed as he has been advised by excellent counsel (and) a reasoned decision based on the volume of discovery, the seriousness of the charges, and the time needed to digest such material and consider legal options.

A failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Further, the ends of justice served by granting such continuance outweigh the best interests of the public and the defendant in a speedy trial.

In requesting additional time to process discovery Burks had to waive his Sixth Amendment right to a speedy trial, which he has done.

As per Judge Cogburn’s order;

Parties are advised that absent some unforeseen contingency, this action will be the first matter on for trial during the May 2016 term and will be tried to completion during that term, which may be extended.

The parties should be prepared to pick a jury on the second day of that term.

I suppose the good news is at least it wasn’t delayed till September, which is what Burks had requested. May 2016 is roughly centered between the SEC’s November 2015 proposal and that of Burks’ request for September 2016.

In the meantime, a twelve month clock now ticks down to the commencement of Burks’ trial (eleven months if you want to get technical about it).

Stay tuned…

Footnote: Our thanks to Don@ASDUpdates for providing a copy of Judge Cogburn’s May 28th Fourth Continuance order.