USA v. Heard
| New York Western District Court | |
| Case #: | 6:24-cr-06133 |
| Case Filed: | Sep 05, 2024 |
| Last checked: Friday Sep 06, 2024 3:19 AM EDT |
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Defendant
Robert Heard (1)
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 09/06/2024 4:28 AM EDT |
| Thursday, October 05, 2023 | ||
| Writ of Habeas Corpus ad Prosequendum Issued as to Robert Heard for 10/5/202 4:00 PM (LMD) [6:23-mj-00629-MJP] | ||
| 1 | 1
COMPLAINT as to Robert Heard (1). (LMD) [6:23-mj-00629-MJP]
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Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 10/5/2023.(LMD) (Main Document 2 replaced on 10/5/2023) (LMD). (Main Document 2 replaced on 10/5/2023) (LMD). (Main Document 2 replaced on 10/6/2023) (LMD). [6:23-mj-00629-MJP]
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| 3 | 3 Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Katelyn Hartford, AUSA appearing for Everardo Rodriguez, AUSA, Kristen Nenni, POA. Matter on for initial appearance. Initial appearance not held.Status Conference as to Robert Heard held on 10/5/2023, Def. is in the hospital. Initial Appearance set for 10/6/2023 12:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Defendant to arrive in the building at 9 am if out of the hospital for a Pretrial Services Interview. (FTR Recording.)(LMD) [6:23-mj-00629-MJP] | |
| Friday, October 06, 2023 | ||
| 4 | 4 Minute Entry for proceedings held before Hon. Marian W. Payson: Appearance: Def. w/Wedade Abdallah, AFPD; Everardo Rodriguez, AUSA and Kristen Nenni, POA. Initial Appearance as to Robert Heard held on 10/6/2023. Defendant advised of rights. Def. requests court appointed counsel. Court appoints Wedade Abdallah provisionally pending the submission of a financial affidavit at the next court appearance. Pursuant to Fed. R. Crim. P 5(f), the Court ordered the government to produce all exculpatory evidence pursuant to Brady v. Maryland and its progeny, and advised that failure to do so could result in consequences, including sanctions and contempt proceedings. Government moves for detention under crime of violence, 3142(f) as he is facing life imprisonment, 3142(b)(1)(C) and risk of flight. Detention Hearing set for 10/11/2023 03:00 PM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen. (FTR Recording.)(LMD) Modified on 10/11/2023 (LMD). [6:23-mj-00629-MJP] | |
| Wednesday, October 11, 2023 | ||
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AMENDED COMPLAINT as to Robert Heard. (JB) (Main Document 5 replaced on 10/11/2023) (JB). [6:23-mj-00629-MJP]
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ORDER re: Brady v. Maryland as to Robert Heard. Signed by Hon. Marian W. Payson on 10/11/2023.(LMD) [6:23-mj-00629-MJP]
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| 7 | 7 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 10/11/2023. Appearances: Wedade Wendy Abdallah, AFPD; Everardo A. Rodriguez, AUSA; Kristen Nenni, USPO. Detention Hearing not held. Deft advised of the amended complaint, charges, and re-advised of rights. Deft requests a 30-day adjournment of proceedings to review the amended charges with counsel, and will contact the Court within that time should they wish to proceed with a Detention Hearing. Status Conference/Set PH Date set for 11/16/2023 at 2:30 PM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 10/11/2023 TO 11/16/2023 FOR REASONS STATED ON THE RECORD. Deft remains in custody. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Monday, October 16, 2023 | ||
| Terminate Deadlines and Hearings as to Robert Heard: (JB) [6:23-mj-00629-MJP] | ||
| Terminate Deadlines and Hearings as to Robert Heard: (JB) [6:23-mj-00629-MJP] | ||
| Set/Reset Hearings as to Robert Heard: Status Conference set for 11/16/2023 02:30 PM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen. (JB) [6:23-mj-00629-MJP] | ||
| Monday, October 23, 2023 | ||
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Writ of Habeas Corpus ad Prosequendum Returned Executed as to Robert Heard on 10/6/2023. (JB) [6:23-mj-00629-MJP]
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| Thursday, November 16, 2023 | ||
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Sealed Document as to Robert Heard. (JB) *CLERK NOTE: document received with 3 pages on 11/15/2023, filed as received [6:23-mj-00629-MJP]
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| 10 | 10 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 11/16/2023. Appearances: Wedade Wendy Abdallah, AFPD; Everardo A. Rodriguez, AUSA by phone; Meghan K. McGuire, AUSA. Parties request a 30-day adjournment to continue reviewing discovery. Status Conference/Set PH Date set for 12/18/2023 at 10:00 PM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 11/16/2023 TO 12/18/2023 FOR REASONS STATED ON THE RECORD. Deft remains in custody. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Friday, December 01, 2023 | ||
| 11 | 11 TEXT ORDER as to Robert Heard: The Court has been advised of a potential conflict of interest with the Federal Public Defender's representation of Defendant. Accordingly, the Court relieves Wedade Wendy Abdallah, APFD as counsel, with thanks from the Court for her service. The Court appoints Matthew R. Lembke, Esq. as counsel for Defendant moving forward. A Status Conference is hereby set for 12/7/2023 at 9:30 AM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen. SO ORDERED. Signed by Hon. Mark W. Pedersen on 12/1/2023.(JB) [6:23-mj-00629-MJP] | |
| Thursday, December 07, 2023 | ||
| 12 | 12 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 12/7/2023. Appearances: Matthew R. Lembke, Esq.; Everardo A. Rodriguez, AUSA. Mr. Lembke notes this is his first appearance in the case as appointed counsel, requests a 60-day adjournment to reviewing discovery. Deft will advise the Court if they are seeking judicial intervention regarding his medical concerns. Status Conference/Set PH Date set for 2/8/2024 at 9:30 AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 12/7/2023 TO 2/8/2024 FOR REASONS STATED ON THE RECORD. Deft remains in custody. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Monday, December 18, 2023 | ||
| 13 | 13
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings as to Robert Heard held on 11/16/2023 before Honorable Magistrate Judge Mark J. Pederson. Transcriber Megan E. Pelka, RPR, (716) 229-0880. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2024. Redacted Transcript Deadline set for 1/18/2024. Release of Transcript Restriction set for 3/18/2024. (MEP) [6:23-mj-00629-MJP]
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Sealed Document as to Robert Heard. (JLV) [6:23-mj-00629-MJP]
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| Monday, January 22, 2024 | ||
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MOTION to Adjourn status appearance by USA as to Robert Heard. (Rodriguez, Everardo) [6:23-mj-00629-MJP]
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| Friday, February 02, 2024 | ||
| 16 | 16 TEXT ORDER granting15 Motion to Adjourn Status Conference as to Robert Heard (1). The Status Conference shall be adjourned until 2/12/2024 at 9:30 AM before Hon. Mark W. Pedersen. At the Government's request with consent of the Defendant, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A) until the adjourn date. I find that the Defendant's and the public's interest in a speedy trial are outweighed by the Defendant's interest in having sufficient time to continue plea negotiations with the Government. Should the parties need additional time to continue resolution discussions, a request must be filed, in writing, no less than 5 business days in advance of the new scheduled date. SO ORDERED. Signed by Hon. Mark W. Pedersen on 2/2/2024.(JB) [6:23-mj-00629-MJP] | |
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Sealed Document as to Robert Heard. Letter received by Chambers on 12/29/2023, filed under seal at the direction of Hon. Mark W. Pedersen . (JB) [6:23-mj-00629-MJP]
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| Monday, February 12, 2024 | ||
| 18 | 18 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 2/12/2024. Appearances: Matthew R. Lembke, Esq.; Everardo A. Rodriguez, AUSA. Deft requests a 3-week adjournment for purposes of exploring potential medical treatment options. Status Conference/Set PH Date set for 3/4/2024 at 9:00 AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 2/12/2024 TO 3/4/2024 FOR REASONS STATED ON THE RECORD. Deft remains in custody. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Thursday, February 22, 2024 | ||
| 19 | 19
Letter filed by Robert Heard Addressing Defendant's Medical Condition (Lembke, Matthew) [6:23-mj-00629-MJP]
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| 20 | 20 TEXT ORDER regarding ECF No.19 , letter filed by Defendant. The Court has had informal communications with the parties regarding the noted letter from Defendant's counsel about Defendant experiencing medical problems and pain in pretrial detention at Monroe County Jail. The Court understands from these conversations that the Government currently opposes any application by Defendant for release from pre-trial detention, including with conditions. Nonetheless, Defendant has requested a status conference with the undersigned. The Court now grants that request. Parties are directed to contact chambers should a conflict arise. SO ORDERED. Status Conference set for 2/26/2024 10:30 AM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen.. Signed by Hon. Mark W. Pedersen on 2/22/24.(Hartsough, Harrison) [6:23-mj-00629-MJP] | |
| Monday, February 26, 2024 | ||
| 21 | 21 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 2/26/2024. Appearances: Matthew R. Lembke, Esq.; Everardo A. Rodriguez, AUSA; Shane Marshall, Deputy US Marshal. Deft expresses concerns with his medical treatment, requests his release from custody. Govt advises it does not oppose the request on the grounds that Deft would be able to receive medical care he cannot currently receive at the Monroe County Jail. The Court determines a Detention Hearing is necessary. Parties will work to expedite obtaining Deft's medical records in advance of the hearing. Detention Hearing set for 2/29/2024 at 10:30 AM before Hon. Mark W. Pedersen. TIME REMAINS EXCLUDED. Deft remains in custody. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Tuesday, February 27, 2024 | ||
| CALENDAR EVENT as to Robert Heard: At the request of the parties, the Detention Hearing set for 2/29/2024 is adjourned, and a Status Conference is set for 2/27/2024 at 2:30 PM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen. (JB) [6:23-mj-00629-MJP] | ||
| 22 | 22 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 2/27/2024. Appearances: Matthew R. Lembke, Esq.; Everardo A. Rodriguez, AUSA; Troy Zeller, USPO. Govt will consent to Deft's release from custody on conditions as outlined by US Probation, further requests additional conditions be added. Deft consents to the imposition of the recommended and requested conditions of release. Govt withdraws its motion for detention, conditions of release read into the record and signed in open Court. Parties request a status conference in 30-days to review discovery and partake in resolution discussions. Status Conference/Set PH Date set for 3/26/2024 at 11:00 AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 2/27/2024 TO 3/26/2024 FOR REASONS STATED ON THE RECORD. Deft ordered released from custody. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Wednesday, February 28, 2024 | ||
| 23 | 23
ORDER Setting Conditions of Release as to Robert Heard (1). Signed by Hon. Mark W. Pedersen on 2/27/2024.(JB) [6:23-mj-00629-MJP]
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| Tuesday, March 26, 2024 | ||
| 24 | 24 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 3/26/2024. Appearances: Matthew R. Lembke, Esq.; Everardo A. Rodriguez, AUSA. Deft requests a 60-day adjournment of proceedings now that his medical needs are being addressed. Govt will consent to the adjournment. Status Conference/Set PH Date set for 5/30/2024 at 10:00 AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 3/26/2024 TO 5/30/2024 FOR REASONS STATED ON THE RECORD. Deft remains released. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Thursday, May 30, 2024 | ||
| 25 | 25 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 5/30/2024. Appearances: Matthew R. Lembke, Esq.; Everardo A. Rodriguez, AUSA. Parties continuing to review discovery and discuss pretrial resolution. Status Conference/Set PH Date set for 8/6/2024 at 9:00 AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 5/30/2024 TO 8/6/2024 FOR REASONS STATED ON THE RECORD. Deft remains released. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Sunday, June 09, 2024 | ||
| 26 | 26
Letter filed by Robert Heard Requesting Permission to Attend Event on June 22, 2024 (Lembke, Matthew) [6:23-mj-00629-MJP]
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| Tuesday, June 11, 2024 | ||
| 27 | 27 TEXT ORDER as to Robert Heard re26 Letter filed by Robert Heard: Defendant's request to attend the family event outlined in his letter request is GRANTED. Defendant is directed to work with his supervising US Probation Officer to make any necessary arrangements. SO ORDERED. Signed by Hon. Mark W. Pedersen on 6/11/2024.(JB) [6:23-mj-00629-MJP] | |
| Monday, July 01, 2024 | ||
| 28 | 28
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Initial Appearance as to Robert Heard held on October 6, 2023 before Judge Marian W. Payson. Transcriber Diane S. Martens, dmartensreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2024. Redacted Transcript Deadline set for 8/1/2024. Release of Transcript Restriction set for 9/30/2024. (DSM) [6:23-mj-00629-MJP]
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference as to Robert Heard held on October 11, 2023 before Judge Mark W. Pedersen. Transcriber Diane S. Martens, dmartensreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2024. Redacted Transcript Deadline set for 8/1/2024. Release of Transcript Restriction set for 9/30/2024. (DSM) [6:23-mj-00629-MJP]
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| Tuesday, August 06, 2024 | ||
| 30 | 30
MOTION to Adjourn Status Conference by Robert Heard.(Lembke, Matthew) [6:23-mj-00629-MJP]
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Att: 1
Affidavit
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| 31 | 31 TEXT ORDER granting30 Motion to Adjourn Status Conference as to Robert Heard (1). The Status Conference shall be adjourned until 8/20/2024 at 2:30 PM before Hon. Mark W. Pedersen. At Defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A) until the adjourn date. I find that the Defendant's and the public's interest in a speedy trial are outweighed by the Defendant's interest in having sufficient time to continue plea negotiations with the Government. Should the parties need additional time to continue resolution discussions, a request must be filed, in writing, no less than 2 business days in advance of the new conference date. SO ORDERED. Signed by Hon. Mark W. Pedersen on 8/6/2024.(JB) [6:23-mj-00629-MJP] | |
| Wednesday, August 07, 2024 | ||
| 32 | 32
Letter filed by Robert Heard for Permission to Attend Funeral Services and After Service Gathering for Defendant's Uncle on August 9, 2024 (Lembke, Matthew) [6:23-mj-00629-MJP]
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| Thursday, August 08, 2024 | ||
| 33 | 33
Letter filed by Robert Heard Modified and Amended Letter for Permission for Defendant to Leave His Residence on August 9, 2024 From 11:30 A.M. to 8:00 P.M. for Funeral Services and Related Events for Defendant's Uncle (Lembke, Matthew)[6:23-mj-00629-MJP]
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| Monday, August 12, 2024 | ||
| 34 | 34 TEXT ORDER as to Robert Heard re33 Letter filed by Robert Heard: For purposes of the record, Defendant's request to attend the funeral service on 8/9/2024 as detailed in his letter was granted with no objection from the Government or US Probation. SO ORDERED. Signed by Hon. Mark W. Pedersen on 8/12/2024.(JB) [6:23-mj-00629-MJP] | |
| Wednesday, August 14, 2024 | ||
| 35 | 35
Letter filed by Robert Heard to Attend Wake and Funeral of His Cousin Willie Anthony on Friday, August 16, 2024 from 10:30 A.M. until 2:30 P.M. (Lembke, Matthew) [6:23-mj-00629-MJP]
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| Tuesday, August 20, 2024 | ||
| 36 | 36 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Robert Heard held on 8/20/2024. Appearances: Matthew R. Lembke, Esq.; Everardo A. Rodriguez, AUSA. Deft requests a modification of his conditions of his release from Home Detention to a Curfew. Govt objects to the request. Parties are directed to provide written submissions concerning the request prior to the next appearance, during which time the Court will seek input from US Probation. Govt advises it intends to indict the case. The following appearances are scheduled: Arraignment set for 8/30/2024 at 9:00 AM before Hon. Mark W. Pedersen. This appearance will be adjourned without further notice should the matter not be indicted prior to this date . Preliminary Hearing set for 9/12/2024 at 1:30 PM before Hon. Mark W. Pedersen. This appearance will be adjourned without further notice should the matter be indicted prior to this date . SPEEDY TRIAL CLOCK IS RUNNING. Deft remains released. (Court Reporter FTR Gold.)(JB) [6:23-mj-00629-MJP] | |
| Monday, August 26, 2024 | ||
| Terminate Deadlines and Hearings as to Robert Heard: (JB) [6:23-mj-00629-MJP] | ||
| 37 | 37 TEXT ORDER as to Robert Heard: At the request of the Government, with no objection from Defendant, the Arraignment set for 8/30/2024 at 9:00 AM is hereby RESET for 9/12/2024 at 1:30 PM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen. SO ORDERED. Signed by Hon. Mark W. Pedersen on 8/26/2024.(JB) [6:23-mj-00629-MJP] | |
| Thursday, August 29, 2024 | ||
| 38 | 38 TEXT ORDER as to Robert Heard: Status Conference set for 9/3/2024 at 10:30 AM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen. SO ORDERED. Signed by Hon. Mark W. Pedersen on 8/29/2024.(JB) [6:23-mj-00629-MJP] | |
| Friday, August 30, 2024 | ||
| 39 | 39
Letter filed by Robert Heard for Permission to Attend a Labor Day Holiday Event on Sunday, September 1, 2024 (Lembke, Matthew) [6:23-mj-00629-MJP]
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| Saturday, August 31, 2024 | ||
| 40 | 40 TEXT ORDER as to Robert Heard re39 Letter filed by Robert Heard. This text order memorializes an exchange of communications between the undersigned and the parties in response to Defendant's letter request. (ECF No.39 .) The Court considered Defendant's request to attend a family gathering for the Labor Day holiday on Sunday, September 1, 2024 from 4:0 P.M. to 8:00 P.M. ( See id. ) The Court also considered the government's objection. The Court informed the parties by email yesterday that: "In light of the strong objection by [the government] and the inability to schedule a court appearance prior to Sunday to discuss this further," that it would deny Defendant's letter request. Defendant's request is thus DENIED. SO ORDERED. Signed by Hon. Mark W. Pedersen on 8/31/24.(Hartsough, Harrison) [6:23-mj-00629-MJP] | |
| Tuesday, September 03, 2024 | ||
| 41 | 41 TEXT ORDER & MINUTE ENTRY for proceedings held before Hon. Mark W. Pedersen: Status Conference as to Robert Heard held on 9/3/2024. Appearances: Everardo Rodriguez, Esq., for the government and Matthew Lembke, Esq., for Defendant. Court indicates that Defendant has raised concerns in communications with the Court about Counsel's representation. Over the objection of the government, the Court seals the Courtroom and discusses issues with Defendant and his Counsel. After discussing, the Court reopens the Courtroom, notes its discussion on the record, and states that Counsel will continue representing Defendant. The Court further notes on the record that it is Defendant's decision whether to accept the government's plea offer or proceed to trial. The Court hears from the parties on issues they would like to discuss. Defendant makes two requests. First, Defendant requests transcript of sealed portion of the November 16, 2023, appearance before this Court. Parties review docket together and determine that unsealed portion of this transcript of this appearance is available at ECF No. 13 . Parties and Court further determine that sealed portion was never transcribed. Defendant's Counsel to submit a proposed order concerning transcribing and unsealing (for attorneys' eyes only) the sealed portion of the November 16, 2023 appearance. Second, Defendant requests to attend funeral this Saturday. Finally, the Court sets further appearances in this matter, excluding time in the interests of justice for Defendant's Counsel to continue investigating and obtaining evidence to support the defense of this case. Arraignment set for 9/13/2024 10:00 AM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen because the government intends to indict this case on or about September 5, 2024. TEXT ORDER : The Court directs Defendant to submit a letter motion on the docket requesting to attend funeral this Saturday, September 7, 2024, by no later than September 4, 2024. The government shall have until September 5, 2024 to indicate its response. The Court will rule by close of business on September 6, 2024, after hearing from the parties and Probation. IT IS SO ORDERED. Signed by Hon. Mark W. Pedersen on 9/3/24. (Court Reporter FTR Gold.)(Hartsough, Harrison) [6:23-mj-00629-MJP] | |
| Thursday, September 05, 2024 | ||
| 42 | 42
Letter filed by Robert Heard for Permission to Leave his Residence to Attended Funeral Services for a Relative on Saturday, September 7, 2024 (Lembke, Matthew) [6:23-mj-00629-MJP]
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| 43 | 43
INDICTMENT as to Robert Heard (1) count(s) 1-2, 3, 4, 5, 6, 7, 8, 9. (JHF)
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| 44 | 44
Sealed Unredacted Document as to Robert Heard filed pursuant to FRCrP 49.1. (JHF)
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| 45 | 45 TEXT ORDER OF REFERRAL: Hon. Mark W. Pedersen, United States Magistrate Judge, is hereby designated to act in this case as follows: All pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B). All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/5/24. (JHF) | |