Case 2:16-cr-00046-GMN-PAL Document 1046 Filed 11/30/16 Page 1 of 4

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JESS R. MARCHESE, ESQ.

Nevada Bar No. 8175
MARCHESE LAW OFFICES
601 S. Las Vegas Blvd.
Las Vegas, NV 89101
Telephone: (702) 385-5377
Facsimile: (702) 474-4210
Email: marcheselaw@msn.com
Attorney for Defendant
ERIC PARKER

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

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10 UNITED STATES OF AMERICA,

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Plaintiff,

Case No.:

2:16-cr-00046-GMN-PAL

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v.

14 ERIC PARKER, et al
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Defendants.

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Certification: This Reply is timely filed.

DEFENDANT RESPONSE TO GOVERNMENTS SEVERANCE PROPOSAL [Doc.
971] AND SUPPLEMENT TO HIS MOTION TO SEVER [Doc. 550] PURSUANT TO
COURT ORDER [Doc. 978]

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COMES NOW, Defendant, ERIC PARKER, by and through his attorney, JESS R.
MARCHESE, ESQ. of MARCHESE LAW OFFICES, and respectfully moves this Honorable
Court to go to trial as currently set, on February 6, 2017, with the Governments proposed Tier
1. [Doc. 971, p. 2]. The attached Memorandum of Points and Authorities is submitted in support
of this request.
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Case 2:16-cr-00046-GMN-PAL Document 1046 Filed 11/30/16 Page 2 of 4

MEMORANDUM OF POINTS AND AUTHORITES

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Mr. Parkers Desire and Right to Have a Speedy Trial Outweighs His Request for
Severance

This Honorable Court recently ordered (in part) A severance will be ordered. The only

A.

remaining questions for the Court to decide are how many trials should be ordered, and which

defendants are appropriately tried together.[and the Court]... is not at all inclined to order

individual trials. [Doc. 978 at p.3]. Given this Order, and the Governments designation of

Mr. Parker in Tier 3 likely triggering his trial in the summer of 2017, Eric advised the

undersigned that his desire to be tried, on February 6, 2016, now outweighs his desire to be

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severed. After becoming aware of the Governments three-tier severance, Eric instructed the

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undersigned to ask to go to trial with tier one and not to pursue a separate mini trial. It is also

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believed that O. Scott Drexler [ECF 1037] and Steven Stewart, the two co-defendants situated

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almost identically to Eric, share this particular sentiment.

The Sixth Amendment guarantees that [i]n all criminal prosecutions, the accused shall

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enjoy the right to a speedy and public trial. USCS Const. Amend. 6. The United States

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Supreme Court has [o]bserved in prior cases that unreasonable delay between formal

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pretrial incarceration," "anxiety and concern of the accused," and "the possibility that the

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[accused's] defense will be impaired" by dimming memories and loss of exculpatory evidence.

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Doggett v. United States, 505 U.S. 647, 654, 112 S. Ct. 2686, 2692 (1992) citing Barker v.

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Wingo, 407 U.S. 514, 532, 92 S. Ct. 2182 (1972); see also Smith v. Hooey, 393 U.S. 374, 377-

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379, 21 L. Ed. 2d 607, 89 S. Ct. 575 (1969); United States v. Ewell, 383 U.S. 116, 120, 15 L.

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Ed. 2d 627, 86 S. Ct. 773 (1966).

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accusation and trial threatens to produce more than one sort of harm, including "oppressive

Here, a trial after February 6, 2017 will continue to violate Erics right to a speedy trial.

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Given the governments response to Erics Motion to Sever (and all other similar responses),

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the government should have no problem trying Mr. Parker, on February 6, 2017, with Tier 1.

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[Doc. 579]. In its Response to Mr. Parkers Motion for Severance, the Government argued:

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this is a classic case for joinder [Doc. 579, p.1]. According to the Governments theory,

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Case 2:16-cr-00046-GMN-PAL Document 1046 Filed 11/30/16 Page 3 of 4

Stewart is charged as gunman in a conspiracy to assault and extort federal officers and is

joined for trial with co-conspirators who are alleged to have led and participated in the assault

and extortion. [Doc. 579, p.1]. The Governments theory has not changed. As a result, and

above all, the defendant will be ready for trial, on February 6, 2017.

III.

CONCLUSION

WHEREFORE, based on the foregoing argument and authorities, Defendant Eric

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Parker, respectfully prays to be tried with Tier 1, on February 6, 2017.

DATED this 30th day of November, 2016.

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MARCHESE LAW OFFICES

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/s/ Jess R. Marchese___________________

JESS R. MARCHESE, ESQ.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 30th day of November, 2016, the undersigned served

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the foregoing DEFENDANT RESPONSE TO GOVERNMENTS SEVERANCE

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PROPOSAL [Doc. 971] AND SUPPLEMENT TO HIS MOTION TO SEVER [Doc. 550]

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PURSUANT TO COURT ORDER [Doc. 978] on all counsel herein by causing a true copy

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thereof to be filed with the Clerk of Court using the CM/ECF system, which was served via

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electronic transmission by the Clerk of Court pursuant to local order.

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/s/ ______________________________
Employee of Marchese Law Offices

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