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May 15, 1989

PAUL E. ROBINSON, et al., Defendants

The opinion of the court was delivered by: STIEHL


 Before the Court are separate motions of defendants Paul Robinson, Daniel Robinson and Dillard Woods to Dismiss the Indictment for Lack of Speedy Trial (Docs. #143, 164, 191). In support of their motions, each defendant cites to the fact that he has been detained without bail since arrest, and that the trial of this matter has not commenced within seventy days of indictment. The defendants assert that their rights to a speedy trial have been violated.

 In addition, the defendants each assert that the delay in bringing this cause to trial has resulted in oppressive pretrial incarceration, has caused each substantial anxiety, and that the length of incarceration has limited the defendants' access to counsel.


 Defendants Paul E. Robinson and Dillard E. Woods were arrested on a complaint on April 13, 1988. They, along with Paul's brother, Daniel W. Robinson, Edward E. Alvarez and Serafin Hernandez were indicted by the grand jury on April 18, 1988 in a four-count indictment charging the five defendants with conspiracy to distribute, and interstate distribution of, large quantities of cocaine, a Schedule II Narcotic Controlled Substance.

 This Court has previously found that the operation in which these defendants are involved "is easily characterized as a major drug distribution organization, operating from Colombia [Central America] through Miami to St. Louis," Amended Memorandum and Order, 88-30021, slip op. at 13, (March 24, 1989) (Stiehl, J.) (Doc. 217); see also, Memorandum and Order, 88-30021 (Sept. 9, 1988) (Stiehl, J.) (Doc. 115).

 Defendants Paul Robinson and Woods were arraigned on April 19, 1988. Defendant Daniel Robinson was arraigned on May 16, 1988. Defendants Paul Robinson, Daniel Robinson and Woods have been detained awaiting trial since their respective arraignments. Defendant Hernandez was arraigned in the United States District Court for the Southern District of Florida on April 25, 1988. Hernandez posted an appearance bond in the amount of $ 50,000, but failed to appear at his arraignment before this Court on June 30, 1988. As of the date of this Order, Hernandez remains a fugitive. Alvarez also remains a fugitive.

 Between April 28, 1988 and the date of this Order, in excess of 90 motions have been filed or adopted by the three defendants who have appeared in this Court. Of those motions, in excess of 50 were substantive pretrial motions, including numerous motions to suppress and two motions for release on bond, all of which required evidentiary hearings. Although a few motions are still pending, the majority of the motions filed have been ruled upon by this Court.

 In addition, on October 26, 1988, defendant Woods moved for transfer to the United States Medical Center for Federal Prisoners at Springfield, Missouri for medical treatment. The defendant's motion was granted on the same day and Woods was transferred to the Medical Center, on October 28, 1988, and did not return to this district until February 2, 1989.

 Recently filed, and pending before the Court are motions for in camera inspection of grand jury proceedings, as well as several additional recently filed motions.


 In ruling on defendants' motions to dismiss, the Court must address the provisions of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., and determine the time that has elapsed under the Act. In determining the time that has elapsed, the time that is excludable, as provided in the Act, must be determined.


 The latest arraignment of a defendant in this action was the arraignment of Daniel Robinson on May 16, 1988. The Supreme Court in Henderson v. United States, 476 U.S. 321, 106 S. Ct. 1871, 90 L. Ed. 2d 299 (1986) addressed the determination of excludable time under the Speedy Trial Act. As the Court noted in a case with codefendants, the Speedy Trial clock for all defendants is tied to the last defendant's arraignment. "All defendants who are joined for trial generally fall within the speedy trial computation of the latest codefendant [to be arraigned]. See 18 U.S.C. § 3161(h)(7)." Id. 106 S. Ct. at 1873 n. 2. Time began to run for codefendants, Paul Robinson, Daniel Robinson and Woods, therefore, on May 16, 1988. On that date, however, numerous pretrial motions had already been filed by defendants Woods and Paul Robinson. Therefore, as of May 16, 1988, no time had run as to defendants Paul Robinson and Woods.


 18 U.S.C. § 3161, in part provides that the following periods of delay shall be excluded in computing the time in which the trial ...

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