US v. John Emerson Tuma – Pre-Trial
Trial is currently set for March 12, 2012. Tuma’s counsel has filed a motion for continuance based upon Cody Tuma (his son) pleading guilty. The essence of the motion is as follows:
The practical effect of Cody Tuma’s plea agreement and its supporting factual basis, is the inescapable and inevitable insertion of 2005 criminal allegations against John Tuma in the Government’s case-in-chief. To John Tuma and his defense, this development has the same effect as an amendment of, or variance from the original Indictment; it requires John Tuma to defend against alleged illegal activity in 2005, for which the defense is unprepared.
Now, one week before trial, John Tuma is put in the impossible position of accounting for his whereabouts in 2005, locating witnesses and obtaining statements for 2005; re-interviewing witnesses regarding events in 2005; locating pertinent public and private records from 2005; and, in general, starting his defense to all 2005 allegations from scratch. The Government is well aware that to investigate and prepare for trial, John Tuma relied on the dates in the Indictment—which did not include 2005.
Motion to Continue March 12, 2012 Trial Date, at 2. The government filed its response to the Motion. The government’s argument:
The charges against Defendant John Tuma are focused on the 2006-2007 time frame. The United States will present evidence relevant to the crimes charged. It is not seeking to introduce uncharged conduct. There will be no variance or amendment to the indictment.
Defendant’s assert that by allowing Cody Tuma to plead guilty to conduct occurring in 2005 the Government has “inescapabl[y] and inevitabl[y] insert[ed] . . . 2005 criminal allegations against John Tuma in the Government’s case-in-chief.” Docket No. 93, p. 2. But the Government does not intend to question Cody Tuma about the facts underlying his misdemeanor conviction. The United States will not attempt to introduce uncharged crimes “through the back door,” as suggested by Defendant. Docket No. 93, p. 4. Cody Tuma’s plea agreement and its factual basis do not expand the charges against Defendant John Tuma. There is no variance or amendment of the charges in the Indictment.
United States’ Opposition to Defendant John Tuma’s Motion to Continue Trial Date, at 2-3.
A ruling is expected shortly.
More later.
As always, please feel free to contact me at walter.james@jamespllc.com
WDJiii