The trial date for former UCDD officials Wendy Askins and Larry Webb has been delayed again in U.S. District Court.
The case was scheduled to go to trial on December 2 but has now been reset for July 14, 2015.
Attorneys for Webb, Edward Yarbrough and Alex Little filed the motion seeking the delay on October 16 stating they needed more time to prepare because of the complexity of the case and the busy trial schedule of the attorneys in other cases.
U.S. District Judge Aleta Trauger signed the order October 21 resetting the jury trial for July 14, 2015.
WJLE has obtained a copy of the motion filed by Webb’s attorneys which states “As grounds for this motion to continue the trial date, the defendant (Webb) would state: On May 23, 2014, this court entered an order setting this case for trial on December 2, 2014. As the court is aware, the allegations in this case involve fraud transactions that are complex. Similarly, the discovery materials have been voluminous.”
“Due to the busy trial schedule of counsel for Mr. Webb and deadlines for filing briefs in the Sixth Circuit Court of Appeals and the Tennessee Court of Criminal Appeals, counsel submits that additional time is needed to prepare for this case. For example, between now and the trial date, counsel for Mr. Webb are scheduled to be in trial for an attempted murder case in Davidson County, and represent the victim in a rape case headed to trial as well. In addition, counsel must file no less than four appellate briefs before the trial date.”
“On October 16, 2014, counsel spoke with Assistant U.S. Attorney Jimmie Lynn Ramsaur, and she represented that the United States does not oppose defendant’s (Webb’s) motion to continue. In addition, counsel for Mrs. Askins also stated that he did not oppose this request.
“Mr. Webb will file a signed Waiver of Speedy Trial, which will be submitted forthwith”.
“Wherefore, for the reasons detailed above, the defendant (Webb) would respectfully request that his motion to continue the trial of this matter be granted”.
In her order resetting the trial date, Judge Trauger wrote that “As soon as it appears that the case will be tried, the parties shall notify Judge Trauger’s courtroom deputy of the anticipated number of trial days that will be necessary.”
“Any plea agreement shall be consummated by noon on the Thursday before the trial, and the courtroom deputy notified thereof. Any proposed plea agreement shall be submitted to the court by noon on the Friday before the trial. No plea agreement will be entertained unless it is in compliance with this Order.”
“In advance of any plea hearing, the United States Attorney shall submit to chambers a document that lists the elements of each offense to which the defendant is pleading guilty and the statutory penalty for each, including period of incarceration, fine, and period of supervised release applicable”.
“If the case is to be tried, the parties shall file the following by the close of business on the Tuesday before the trial”:
“An agreed set of jury instructions. Alternative versions of jury instructions on which there is not an agreement, with citations to supporting authorities. An agreed verdict form or alternative versions, and motions in limine”.
“Responses to motions in limine shall be filed by 4:00 p.m. on the Friday before trial. Parties shall deliver to chambers a computer disc containing all proposed instructions and verdict forms that are filed,” the judge’s order concluded.
A federal grand jury in September, 2013 indicted Askins and Webb as a result of the Living the Dream investigation. Their charges include theft, bank fraud and money laundering.
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