Professional Documents
Culture Documents
Comes now the Defendant, Ronald E. Gilley ("Gilley" or "Defendant"), by and through
undersigned counsel, and hereby respectfully moves this Honorable Court to continue trial in the
1. On November 30, 2010, Defendant Gilley filed a Motion to Continue the trial of
this case and to adjust the scheduling order in accordance therewith. Said motion is attached as
Exhibit 1 and Defendant hereby re-alleges the factual statements in said motion as if fully set
forth herein.
filed by eight other co-defendants, was held on December 11, 2010. Following said hearing the
Court denied Defendants' motions to continue but extended Defendants' motion and reciprocal
3. In the last two months, defendants have been pouring over the massive amount of
amount of discovery in his motion to continue filed in November, Gilley now faces a
significantly expanded task due to the guilty plea and cooperation agreement of co-defendant
Jarrod Massey. Mr. Massey was Gilley's principal lobbyist with regard to the legislation at the
heart of this case. Documents provided by the Government indicate that Mr. Massey began
cooperating with the Government within days of his arrest and has provided extensive interviews
on matters related to the charges in this indictment. In addition, however, Mr. Massey has also
provided information on a wide array of individuals and alleged criminal conduct not contained
in this indictment.
5. The first glimpse of the additional effort needed to properly defend this case due
to the Massey guilty plea did not come until December 21, 2010, when Mr. Massey changed his
plea from "not guilty" to "guilty" and the defense was provided with summaries of Mr. Massey's
interviews. Redacted from these interviews, however, was an extensive amount of material
alleging other criminal activity in which Mr. Massey engaged as well as allegations against a
variety of other people. This redacted material, which the Government has conceded pertains to
ongoing criminal investigations, was not provided to the defense until January 31, 2011, just four
days ago.
trial of this case. As such, Defendant Gilley requires additional time to analyze and investigate
the allegations made by Mr. Massey, including the significant depth of Mr. Massey's admitted
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prepared to try this case as scheduled, the massive amount of discovery, including hours and
hours of recordings, thousands of pages of documents and the sweeping descriptions of Jarrod
Massey's criminal conduct only recently provided, make it impossible to be adequately prepared
for a trial date that is now just sixty (60) days away.
whether the case is so unusual or complex due to the number of defendants, the nature of the
prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect
adequate preparation for pre-trial proceeding or for the trial itself. [18 USC § 3161 (h)(7)(B)(ii)].
This particular factor is so dominant in this case that a continuance is necessary. By the time this
day is over, the court will be inundated with, among others, motions to dismiss, motions to sever
and motions for bills of particular filed by the remaining ten defendants in this case. Next week,
Defendants will file lengthy motions to suppress the wiretap recordings. These motions present
the court with unique and novel questions of law and fact that are likely to require oral
impossible to prepare for trial while also addressing these motions. Furthermore, the Court's
rulings on these motions will impact the trial and Defendants' preparation.
Wherefore, premises considered, Defendant Ronnie Gilley respectfully states that the
above concerns and factors outweigh the interest of the public and any defendant on the current
schedule and thus hereby moves this Honorable Court to continue the trial of this case.
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Respectfully submitted,
OF COUNSEL:
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CERTIFICATE OF SERVICE
I hereby certify that I have on this the 4th day of February, 2011 filed the foregoing with
the Clerk of Court via CM/ECF and an electronic copy of the same has been sent to the
following:
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Samuel H. Franklin
J. W. Parkrnan, III Jackson R. Sharman, III
Parkman, Adams & White LIGHTFOOT, FRANKLIN
505 20th Street North, Suite 825 & WHITE, L.L.C.
Birmingham, AL 35203 The Clark Building
parkman@parkmanlawfirm.com 400 North 20th Street
Birmingham, AL 35203
Richard M. Adams sfranklin@lightfootlaw.com
Parkman, Adams & White jsharman@lightfootlaw.com
505 20th Street North, Suite 825
Birmingham, AL 35203 Joseph J. Basgier, III
adams@parkmanlawfirm.com Bloomston & Basgier
1330 21st Way South, Suite 120
William C. White, II Birmingham, AL 35235
Parkman, Adams & White joebasgier@gmail.com
505 20th Street North, Suite 825
Birmingham, AL 35203 John M. Englehart
wwhite@parkmanlawfirm.com Englehart Law Office
9457 Alysbury Place
Susan G. James Montgomery, AL 36117-6005
Denise A. Simmons jmenglehart@gmail.com
Susan G. James & Associates
600 S. McDonough Street Joshua L. McKeown
Montgomery, AL 36104 The Cochran Firm Criminal Defense-
sgjamesandassoc@aol.com Birmingham LLC
dsimlaw@aol.com 505 20th Street North
Suite 825
Thomas M. Goggans Birmingham, AL 35203
Attorney at Law jmckeown@parkmanlawfirm.com
2030 East Second Street
Montgomery, AL 36106 Jeffery Clyde Duffey
tgoggans@tgoggans.com Law Office of Jeffery C. Duffey
600 South McDonough Street
Montgomery, AL 36104
jcduffey@aol.com