USA v. Scott et al
| USA |
| Franklin Liberato |
| Facebook, Inc., Department of Children Youth and Families and Bradley Hospital |
| 1:2015cr00041 |
| April 29, 2015 |
| US District Court for the District of Rhode Island |
| Other |
Docket Report
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This docket was last retrieved on July 29, 2016. A more recent docket listing may be available from PACER.
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TEXT ORDER granting #141 Motion to Continue as to Mackenzy Scott (1); this case will be placed on the October, 2016 trial calendar. The time requested is deemed excludable pursuant to 18 U.S.C. 3161(h)(8) of the Speedy Trial Act- So Ordered by Judge John J. McConnell, Jr. on 7/29/2016.(Barletta, Barbara)
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| Filing 141 MOTION to Continue Trial by USA as to Mackenzy Scott, Franklin Liberato, Cristian Garcia. Responses due by 8/15/2016(Vilker, Lee) |
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TEXT ORDER granting (absent objection) #107 Motion to Quash as to Mackenzy Scott (1), without prejudice to the Defendant's ability to seek the requested information in the future- So Ordered by Judge John J. McConnell, Jr. on 5/5/2016.(Barletta, Barbara)
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TEXT ORDER granting 127 Motion for Protective Order as to Mackenzy Scott (1)- So Ordered by Judge John J. McConnell, Jr. on 5/5/2016.(Barletta, Barbara)
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| Filing 118 First MOTION to Extend Time Extend time to response to Motion to Quash filed by Mackenzy Scott as to Mackenzy Scott, Franklin Liberato, Cristian Garcia. Responses due by 4/21/2016 (Ciresi, Mary June) |
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Filing 116
ORDER denying 89 Motion to Quash as to Mackenzy Scott (1); DCYF shall produce the subpoenaed medical records ex-parte to the Court for an in camera review within ten (10) days- So Ordered by Judge John J. McConnell, Jr. on 3/29/2016.(Barletta, Barbara)
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Filing 115
ORDER denying 88 Motion to Quash as to Mackenzy Scott (1); Bradley Hospital shall produce subpoenaed medical records ex-parte to the Court for an in-camera review within ten (10) days- So Ordered by Judge John J. McConnell, Jr. on 3/29/2016.(Barletta, Barbara)
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| Filing 114 RESPONSE to Motion by Mackenzy Scott as to Mackenzy Scott, Franklin Liberato, Cristian Garcia re 88 MOTION to Quash, 89 MOTION to Quash (Ciresi, Mary June) |
| Filing 107 MOTION to Quash WITH SUPPORTING MEMO filed by Facebook, Inc. as to Mackenzy Scott, Franklin Liberato, Cristian Garcia. Responses due by 4/4/2016 (Attachments: #1 Exhibits in Support) Exhibit sealed per Order of Judge John J. McConnell, Jr. on 4/5/16 (Farrell Pletcher, Paula) Modified on 4/5/2016 (Barletta, Barbara). |
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TEXT ORDER granting 102 Motion to Continue as to Mackenzy Scott (1), Cristian Garcia (3); the calendar call scheduled for 3/29/16 and the jury empanelment scheduled for 4/5/16 are cancelled and all deadlines previously issued are vacated. This case will be placed on the July, 2016 trial calendar- So Ordered by Judge John J. McConnell, Jr. on 3/15/2016.(Barletta, Barbara)
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| Filing 78 RESPONSE in Support by USA as to Mackenzy Scott, Franklin Liberato re 77 MOTION for Reconsideration re 75 MOTION issuance of subpoenas duces tecum filed by Mackenzy Scott, Order on Motion for Miscellaneous Relief (Vilker, Lee) |
| Filing 76 NOTICE OF ATTORNEY APPEARANCE Adi Goldstein appearing for USA. (Goldstein, Adi) |
| Minute Entry for proceedings held before Judge John J. McConnell, Jr.:Competency Hearing as to Franklin Liberato held on 2/2/2016. Lee Vilker for Government. Tara Allen for Defendant. Jose Kleinberg Interpreter. Defendant present. For reasons stated in this hearing, the Court finds the Defendant is not competent to stand trial based on the evidence contained in the reports. No objections. Government requests Oral Motion to dismiss the indictment and all 4 counts. Court grants the motion. Defendant released. Court adjourned. (Court Reporter Denise Veitch in Courtroom 3 at 11:39 am.) (McGuire, Vickie) |
| ORAL MOTION to Dismiss the Indictment filed by USA as to Franklin Liberato. (McGuire, Vickie) |
| HEARING CANCELLED as to Franklin Liberato: In Chambers Conference CANCELLED for 2/3/2016 11:00 AM in Magistrate Judge Almond Chambers.(Noel, Jeannine) |
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ORAL ORDER granting Oral Motion to Dismiss the Indictment as to Franklin Liberato (2)- So Ordered by Judge John J. McConnell, Jr. on 2/2/2016.(McGuire, Vickie)
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TEXT ORDER granting 71 Motion to Extend Time as to Mackenzy Scott (1); Reset Deadlines: Motions due 2/29/16- So Ordered by Judge John J. McConnell, Jr. on 2/1/2016.(Barletta, Barbara)
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| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Telephone Conference as to Franklin Liberato held on 2/1/2016 with Attorneys Allen and Vilker(Chambers at 3:00.) (Saucier, Martha) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato: Competency Hearing set for Tuesday, 2/2/2016 at 11:00 AM in Courtroom 3 before Judge John J. McConnell, Jr.(Barletta, Barbara) |
| REVISED NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato: Competency Hearing is RESET to Tuesday, 2/2/2016 at 11:30 AM in Courtroom 3 before Judge John J. McConnell, Jr.; PLEASE NOTE TIME CHANGE(Barletta, Barbara) |
| Filing 70 Psychiatric Report Received (Sealed) as to Franklin Liberato (Noel, Jeannine) |
| NOTICE OF HEARING as to Franklin Liberato. In Chambers Conference set for 2/3/2016 11:00 AM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
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TEXT ORDER granting #69 Motion to Continue as to Mackenzy Scott (1), Franklin Liberato (2); this case will be placed on the April, 2016 trial calendar to be tried commencing on Monday, 4/18/16. A final pretrial conference will be scheduled prior to the trial- So Ordered by Judge John J. McConnell, Jr. on 1/25/2016.(Barletta, Barbara)
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| Filing 69 MOTION to Continue TRIAL TO APRIL CALENDAR AND TO SET A FIRM TRIAL DATE filed by USA as to Mackenzy Scott, Franklin Liberato. (Vilker, Lee) |
| Reset Deadlines as to Mackenzy Scott, Franklin Liberato:Pretrial Motions due by 1/29/2016. (Barletta, Barbara) |
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TEXT ORDER: Pursuant to the Order granting #68 Motion to Extend time this case will be placed on the March, 2016 trial calendar - So Ordered by Judge John J. McConnell, Jr. on 12/18/2015. (Barletta, Barbara)
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TEXT ORDER granting #68 Motion to Extend Time as to Franklin Liberato (2): Reset Deadlines: Pretrial Motions due 1/19/16 - So Ordered by Judge John J. McConnell, Jr. on 12/18/2015.(Barletta, Barbara)
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| Filing 68 MOTION to Extend Time For Filing Pretrial Motions and to Continue Jury Empanelment filed by Franklin Liberato. (Allen, Tara) |
| HEARING CANCELLED as to Mackenzy Scott, Franklin Liberato: The calendar call scheduled for 1/4/16 and the jury empanelment scheduled for 1/5/16 before Judge John J. McConnell, Jr. is cancelled. This case was placed on the calendar call in error. (Barletta, Barbara) |
| Filing 67 NOTICE OF HEARING as to Mackenzy Scott, Franklin Liberato: Calendar Call set for Monday, 1/4/2016 at 09:30 AM in Courtroom 3 before Judge John J. McConnell, Jr.(Barletta, Barbara) |
| Filing 65 Arrest Warrant Returned Executed on 10/23/2015 in case as to Franklin Liberato. (McGuire, Vickie) |
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Filing 64
ORDER granting #61 Motion for Order of Competency to Stand Trial as to Franklin Liberato (2). The defendant shall be committed to the custody of the Attorney General under 18 U.S.C. 4247(b) for placement in a suitable facility for conducting a psychiatric or psychological examination; A psychiatric or psychological examination shall be conducted to determine whether the defendant is suffering from a mental disease or defect rendering him mentally incompetent to understand the nature and consequences of the proceedings against him and to assist counsel in his defense, and whether defendant presents a danger to himself or to any other person; Such examination shall be conducted expeditiously, within a reasonable period not to exceed thirty days except that, under 18 U.S.C. 4247(b), the director of the facility at which the examination is conducted may, if necessary, apply for a reasonable of time not to exceed fifteen (15) days to complete the examination; The examiner designated to conduct the examination shall, after it is completed, file a report with the court, with copies to counsel for the defendant and the attorney for the government, setting forth the information, findings, and opinions specified in 18 U.S.C. 4247(c) together with any other information relevant to a determination of defendant's mental status, competency, and dangerousness to himself or the community; and it is further ordered that, Pursuant to 18 U.S.C. 316l(h)(l)(A), any period of delay resulting from proceedings conducted to comply with this order shall be deemed excluded in computing the time within which an information or indictment must be filed or in computing the time within which the trial of such offense must commence. So Ordered by Magistrate Judge Lincoln D. Almond on 10/26/2015.(Noel, Jeannine)
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| RESCHEDULING NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Motion Hearing (Motion for Hearing to Determine Mental Competency) set for 10/26/2015 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. Moved from 10/28/2015.(Noel, Jeannine) Modified on 10/26/2015 (Noel, Jeannine). |
| Arrest of Franklin Liberato (Noel, Jeannine) |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Bond Revocation Hearing as to Franklin Liberato held on 10/26/2015, Motion Hearing as to Franklin Liberato held on 10/26/2015 re #61 Assented MOTION for Order of Competency to Stand Trial filed by Franklin Liberato (Vilker, Allen) USPO Dufresne; Spanish Interp. Kleinberg; Court finds deft violated bail conditions; Court grants Motion #61; No objection by the Govt; Deft Counsel addresses the Court; Deft remanded; Order to follow(Courtroom A at 1:18 pm.) (Noel, Jeannine) |
| RESCHEDULING NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Motion Hearing RESCHEDULDED for 10/26/2015 01:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond. TIME CHANGE ONLY. (Noel, Jeannine) |
| Filing 63 NOTICE of Entry of Withdrawal of Appearance by USA as to Mackenzy Scott, Franklin Liberato (Chin, Pamela) |
| Filing 62 NOTICE OF ATTORNEY APPEARANCE Lee Vilker appearing for USA. (Vilker, Lee) |
| Attorney update in case as to Mackenzy Scott, Franklin Liberato. Attorney Pamela E. Chin terminated. (Barletta, Barbara) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Motion Hearing (Motion for Hearing to Determine Mental Competency) set for 10/28/2015 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
| Filing 61 Assented MOTION for Order of Competency to Stand Trial With Supporting Memo filed by Franklin Liberato. (Allen, Tara) |
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TEXT ORDER denying as moot #58 Motion to review decision of Magistrate Judge as to Franklin Liberato (1)- So Ordered by Judge John J. McConnell, Jr. on 10/13/2015.(Barletta, Barbara)
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| Filing 59 MOTION to Extend Time For Filing Pretrial Motions and to Continue Jury Empanelment filed by Franklin Liberato. (Allen, Tara) |
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TEXT ORDER granting #59 Motion to Extend Time as to Franklin Liberato (1). The calendar call scheduled for Friday, 9/25/15 and the jury empanelment scheduled for Tuesday, 10/6/15 are cancelled and all deadlines previously issued are vacated. This case will be placed on the December, 2015 trial calendar- So Ordered by Judge John J. McConnell, Jr. on 9/14/2015.(Barletta, Barbara)
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| Reset Deadlines as to Mackenzy Scott, Franklin Liberato:Pretrial Motions due by 11/28/2015. (Barletta, Barbara) |
| Filing 58 MOTION re #53 Order Setting Conditions of Release With Supporting Memo filed by Franklin Liberato. (Attachments: #1 Exhibit A)(Allen, Tara) |
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TEXT ORDER denying #56 Motion to Modify Conditions of Release as to Franklin Liberato (1). So Ordered by Magistrate Judge Lincoln D. Almond on 9/10/2015.(Noel, Jeannine)
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Filing 57
TRIAL NOTICE AND PRETRIAL ORDER as to Mackenzy Scott, Franklin Liberato - So Ordered by Judge John J. McConnell, Jr. on 9/9/2015. (Barletta, Barbara)
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| Filing 56 MOTION to Modify Conditions of Release With Supporting Memo filed by Franklin Liberato. (Attachments: #1 Exhibit A)(Allen, Tara) |
| Filing 55 NOTICE OF HEARING as to Mackenzy Scott, Franklin Liberato: Calendar Call set for Friday, 9/25/2015 at 09:30 AM in Courtroom 3 before Judge John J. McConnell, Jr.(Barletta, Barbara) |
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TEXT ORDER granting #54 Motion to Extend Time to file pretrial motions as to Franklin Liberato (1); - So Ordered by Judge John J. McConnell, Jr. on 8/31/2015.(Barletta, Barbara)
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| Filing 54 MOTION to Extend Time For Filing Pretrial Motions filed by Franklin Liberato. (Allen, Tara) |
| Reset Deadlines as to Mackenzy Scott, Franklin Liberato:Pretrial Motions due by 9/28/2015. (Barletta, Barbara) |
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Filing 53
ORDER Setting Conditions of Release as to Franklin Liberato (1) $10,000.00 UNSECURED. So Ordered by Magistrate Judge Lincoln D. Almond on 8/27/2015. (Noel, Jeannine)
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Filing 52
Appearance Bond Entered as to Franklin Liberato in amount of $10,000.00 UNSECURED. So Ordered by Magistrate Judge Lincoln D. Almond on 8/27/2015. (Noel, Jeannine)
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TEXT ORDER terminating as moot as to Franklin Liberato re 30 PETITION for Warrant filed by USA. So Ordered by Magistrate Judge Lincoln D. Almond on 8/27/2015. (Noel, Jeannine)
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| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Bond Hearing as to Franklin Liberato held on 8/27/2015 (Chin, Allen) USPO Picozzi; Spanish Interp. Kleinberg; Deft released on $10,000.00 unsecured bond and conditions; Court addresses the Deft; Deft understands; Deft Counsel objects to internet conditions; Court notes objection for the record; Deft released(Courtroom A at 1:19 pm.) (Noel, Jeannine) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Bond Hearing set for 8/27/2015 01:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
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TEXT ORDER granting 50 Motion to Continue as to Mackenzy Scott (1); Franklin Liberato (2). The calendar call scheduled for 8/27/15 and the jury empanelment scheduled for 9/1/15 are cancelled and all deadlines previously issued are vacated. This case will be placed on the October, 2015 trial calendar. The time requested is excludable pursuant to 18 U.S.C. Section 3161(h)(8) of the Speedy Trial Act- So Ordered by Judge John J. McConnell, Jr. on 8/24/2015.(Barletta, Barbara)
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| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Telephone Conference as to Franklin Liberato held on 8/24/2015 (Noel, Jeannine) |
| NOTICE OF HEARING as to Franklin Liberato. Telephone Conference set for 8/24/2015 03:30 PM before Magistrate Judge Lincoln D. Almond. The Court will initiate the call. (Noel, Jeannine) |
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Filing 49
TRIAL NOTICE AND PRETRIAL ORDER as to Mackenzy Scott, Franklin Liberato - So Ordered by Judge John J. McConnell, Jr. on 8/14/2015. (Barletta, Barbara)
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| Filing 48 NOTICE OF HEARING as to Mackenzy Scott, Franklin Liberato: Calendar Call set for Thursday, 8/27/2015 at 09:00 AM in Courtroom 3 before Judge John J. McConnell, Jr.(Barletta, Barbara) |
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TEXT ORDER granting #47 Motion to Extend Time to file pretrial motions as to Franklin Liberato (1)- So Ordered by Judge John J. McConnell, Jr. on 7/28/2015.(Barletta, Barbara)
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| Reset Deadlines as to Mackenzy Scott, Franklin Liberato: Pretrial Motions due by 8/28/2015. (Barletta, Barbara) |
| Filing 47 MOTION to Extend Time For Filing Pretrial Motions filed by Franklin Liberato. (Allen, Tara) |
| Filing 45 EXHIBIT LIST as to Franklin Liberato (Noel, Jeannine) |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Sentence Hearing as to Franklin Liberato held on 7/27/2015 (P. Chin, Allen) Spanish Interp. Kleinberg; Argument; Defense Exhibit A admitted as full; Deft Counsel moves to seal exhibit; Court grants motion to seal exhibit; USPO to contact USPO in NJ and to submit report to the Court; Court takes matter under advisement; Deft remanded(Courtroom A at 10:11 am.) (Noel, Jeannine) |
| Filing 44 Redacted Transcript of #26 Transcript,, in case as to Franklin Liberato (Fontes, Joseph) |
| Filing 43 Transcript Redaction Request in case as to Franklin Liberato re #26 Transcript,, filed by attorney Tara I. Allen (Allen, Tara) |
| Filing 42 Arrest Warrant Returned Executed on 6/29/2015 in case as to Franklin Liberato. (McGuire, Vickie) |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Bond Revocation Hearing as to Franklin Liberato held on 7/2/2015 (Chin, Allen) USPO McLoughlin; Spanish Interp. Lopez-Round, sworn; Court reviews case; Deft Counsel addresses the Court and requests continuance as to mitigation; Court addresses Deft; Deft informed of rights & violations; Deft understands rights & violations; Deft admits violations; Court accepts admission as knowing and voluntary; Deft Counsel addresses the Court; Deft remanded ( Sentence Recommendation Hearing set for 7/27/2015 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.)(Courtroom A at 2:13 pm.) (Noel, Jeannine) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Sentence Recommendation Hearing set for 7/27/2015 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
| Minute Entry for proceedings held before Judge John J. McConnell, Jr.:In Chambers Conference as to Mackenzy Scott, Franklin Liberato held on 7/1/2015; Pamela Chin for Government; Mary June Ciresi for Mackenzy Scott and Tara Allen for Franklin Liberato (Barletta, Barbara) |
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TEXT ORDER denying as moot #24 Motion to Revoke as to Franklin Liberato (1); denying as moot #35 Motion to Stay as to Franklin Liberato (1)- So Ordered by Judge John J. McConnell, Jr. on 7/1/2015.(Barletta, Barbara)
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| Arrest of Franklin Liberato - self surrender (Noel, Jeannine) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Bond Revocation Hearing set for 7/2/2015 02:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Bond Revocation Hearing as to Franklin Liberato held on 6/29/2015 (Chin, Fitzgerald) USPO Dufresne; Spanish Interp. Kleinberg; Deft self surrendered; Govt addresses the Court; USPO addresses the Court; Deft Counsel addresses the Court; No bail argument; Deft remanded pending hearing ( Bond Revocation Hearing set for 7/2/2015 02:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond.)(Courtroom A at 12:42 pm.) (Noel, Jeannine) |
| Remark as to Franklin Liberato: Transcript Requests 38, 39 and 40 forwarded to Joseph Fontes, Court Reporter, via email. (Noel, Jeannine) |
| Filing 40 TRANSCRIPT ORDER by USA for proceedings held on June 10, 2015 before Judge Lincoln D. Almond. (Chin, Pamela) (Main Document 40 replaced on 6/29/2015) (Noel, Jeannine). |
| Filing 39 TRANSCRIPT ORDER by USA for proceedings held on April 7, 2015 before Judge Lincoln D. Almond. (Chin, Pamela) (Main Document 39 replaced on 6/29/2015) (Noel, Jeannine). |
| Filing 38 TRANSCRIPT ORDER by USA for proceedings held on April 2, 2015 before Judge Lincoln D. Almond. (Chin, Pamela) (Main Document 38 replaced on 6/29/2015) (Noel, Jeannine). |
| Filing 37 RESPONSE in Opposition by USA as to Franklin Liberato re #24 MOTION to Revoke Special Bail Conditions (Attachments: #1 Supporting Memorandum)(Chin, Pamela) |
| Filing 36 NOTICE OF HEARING as to Mackenzy Scott, Franklin Liberato: In Chambers Conference set for Thursday, 6/25/2015 at 03:00 PM in Judge McConnell Chambers - Room 211 (Barletta, Barbara) Modified on 6/24/2015 to note that this entry was given a document number in error. There is no document attached to this entry (Barletta, Barbara). |
| REVISED NOTICE OF HEARING as to Mackenzy Scott, Franklin Liberato: In Chambers Conference is RESET to Wednesday, 7/1/2015 at 09:30 AM in Judge McConnell Chambers - Room 211 (Barletta, Barbara) |
| Filing 35 MOTION to Stay PRETRIAL FORENSIC SEARCH OF CELLPHONES filed by Franklin Liberato. (Allen, Tara) |
| Filing 29 Summons Returned Executed on 6/10/2015 as to Franklin Liberato. (McGuire, Vickie) |
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TEXT ORDER: The Government shall respond to the #24 MOTION to Revoke Special Bail Conditions on or before 6/25/15- So Ordered by Judge John J. McConnell, Jr. on 6/18/15. (Barletta, Barbara)
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| Motions No Longer Referred as to Franklin Liberato: #24 MOTION to Revoke Special Bail Conditions (Barletta, Barbara) |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Bond Revocation Hearing as to Franklin Liberato held on 6/18/2015 (Chin, Allen) USPO Dufresne; Spanish Interp. Kleinberg; Argument; Court takes matter under advisement; Deft released on previous conditions; Court addresses the Deft(Courtroom A at 10:42 am.) (Noel, Jeannine) |
| Filing 28 EXHIBIT/WITNESS LIST for Franklin Liberato (Noel, Jeannine) |
| Filing 27 TRANSCRIPT of Proceedings as to Franklin Liberato held on 6-10-15 before Judge Almond. Court Reporter/Transcriber Joseph A. Fontes, Telephone number 561-452-7507. 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 NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/15/2015. (Fontes, Joseph) |
| Filing 26 TRANSCRIPT of Proceedings as to Franklin Liberato held on 4-7-15 before Judge Almond. Court Reporter/Transcriber Joseph A. Fontes, Telephone number 561-452-7507. 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 NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/15/2015. (Fontes, Joseph) |
| Filing 25 TRANSCRIPT of Proceedings as to Franklin Liberato held on 4/2/15 before Judge Almond. Court Reporter/Transcriber Joseph A. Fontes, Telephone number 561-452-7507. 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 NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/15/2015. (Fontes, Joseph) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Bond Revocation Hearing set for 6/18/2015 10:30 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Bond Revocation Hearing as to Franklin Liberato held on 6/16/2015 (P. Chin, Allen) USPO Dufresne; Spanish TIP Interp. Nelly Sztuden, sworn; Govt presents testimony of two witnesses; Three Govt exhibits admitted as full; Govt rests; Deft rests; Hearing continued; Deft released on previous conditions of bond ( Bond Revocation Hearing set for 6/18/2015 10:30 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.)(Courtroom A at 2:09 pm.) (Noel, Jeannine) |
| Filing 24 MOTION to Revoke Special Bail Conditions With Supporting Memo filed by Franklin Liberato. (Allen, Tara) |
| Filing 23 TRANSCRIPT ORDER for proceedings held on 4/2, 4/7, 6/10/2015 before Judge Lincoln Almond. (Allen, Tara) |
| Remark as to Franklin Liberato: #23 Transcript Request forwarded to Joseph Fontes, Court Reporter, via email. (Noel, Jeannine) |
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TEXT ORDER denying #22 Emergency MOTION TO PROHIBIT U.S. PRETRIAL SERVICES FROM FURTHER SEARCHING PHONES SEIZED FROM DEFENDANT as to Franklin Liberato (1). Defendant's Emergency Motion is DENIED. The search condition in issue has been in place for nearly two months without challenge. However, this denial is without prejudice to Defendant presenting a formal challenge to the search condition or seeking to suppress the results of any challenged search of the seized phones. So Ordered by Magistrate Judge Lincoln D. Almond on 6/12/2015.(Noel, Jeannine)
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| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Bond Revocation Hearing set for 6/16/2015 02:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Bond Revocation Hearing as to Franklin Liberato held on 6/10/2015 (Chin, Allen) USPO Dufresne; Spanish Interp. Kleinberg; Court reviews violation report; Govt addresses the Court; Deft Counsel addresses the Court; Hearing continued; Deft released on previous conditions ( Bond Revocation Hearing set for 6/16/2015 02:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond.)(Courtroom A at 3:10 pm.) (Noel, Jeannine) |
| Filing 22 Emergency MOTION TO PROHIBIT U.S. PRETRIAL SERVICES FROM FURTHER SEARCHING PHONES SEIZED FROM DEFENDANT filed by Franklin Liberato. (Allen, Tara) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Bond Revocation Hearing set for 6/10/2015 03:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
| CORRECTIVE DOCKET ENTRY Regarding: Notice of Hearing Defendant Request. ERROR: Incorrect Event Selected - Preliminary Revocation Hearing. CORRECTION: Bond Revocation Hearing scheduled. (Noel, Jeannine) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Preliminary Revocation Hearing set for 6/10/2015 03:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
| Terminate Deadlines and Hearings as to Franklin Liberato: Preliminary Revocation Hearing. Incorrect event selected. (Noel, Jeannine) |
| Filing 18 Summons Returned Executed on 5/4/2015 as to Franklin Liberato. (McGuire, Vickie) |
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Filing 17
AMENDED ORDER Setting Conditions of Release as to Franklin Liberato (1) PERSONAL RECOGNIZANCE. Defendant's address of residence updated. So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2015. (Noel, Jeannine)
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Filing 16
ARRAIGNMENT ORDER as to Franklin Liberato. Motions due by 7/27/2015. Responses due by 8/10/2015. This case is considered ready for trial on or after 8/11/2015. So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2015. (Noel, Jeannine)
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| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Arraignment as to Franklin Liberato (1) Count 1,2,3,4 held on 5/5/2015 (P. Chin, Allen) Spanish Interp. Kleinberg; Court informs deft of rights & charges; Deft understands rights & charges; Not guilty plea entered; Arraignment order entered; Court addresses Deft concerning violation of conditions of release; Court modifies condition of release concerning deft's address; Deft understands conditions; Deft released(Courtroom A at 11:40 am.) (Noel, Jeannine) |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Arraignment set for 5/5/2015 11:30 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) |
| Filing 14 INDICTMENT as to Franklin Liberato (1) count(s) 1, 2, 3, 4, Mackenzy Scott (1) count(s) 1, 2, 3, 4. (Attachments: #1 Criminal Cover Sheets) (Noel, Jeannine) |
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TEXT ORDER as to Franklin Liberato: Pursuant to Rule 5.1 ( e ), Fed R Crim P, and after due consideration of the evidence presented during the preliminary hearing and the arguments made by counsel at the hearing and in their post-hearing memoranda, the Court finds that the Government has met its preliminary burden of establishing probable cause to believe that Defendant Franklin Liberato has committed the substantive offenses charged in this case, as well as meeting its burden as to its alternative argument that the evidence, at a minimum, establishes probable cause to find Defendant criminally responsible on the implicit underlying charge of being an aider and abettor of the commission of such offenses. So Ordered by Magistrate Judge Lincoln D. Almond on 4/21/2015. (Noel, Jeannine) [1:15-mj-00091-LDA]
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| Filing 13 MEMORANDUM IN SUPPORT in support of #3 Complaint Absence of Probable Cuase to Support Complaint (Allen, Tara) [1:15-mj-00091-LDA] |
| Filing 12 MEMORANDUM IN SUPPORT by USA in support of Initial Appearance, Preliminary Hearing, Bond Hearing,,,,,,,,, OF PROBABLE CAUSE (Chin, Pamela) [1:15-mj-00091-LDA] |
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Filing 11
AMENDED ORDER Setting Conditions of Release as to Franklin Liberato (1) PERSONAL RECOGNIZANCE. So Ordered by Magistrate Judge Lincoln D. Almond on 4/14/2015. (Noel, Jeannine) [1:15-mj-00091-LDA]
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TEXT ORDER denying #10 Motion for Reconsideration of Bail Condition as to Franklin Liberato (1). However, a less restrictive condition which provides Defendant with telephone access will be ordered in place of the condition challenged in this motion. So Ordered by Magistrate Judge Lincoln D. Almond on 4/14/2015.(Noel, Jeannine) [1:15-mj-00091-LDA]
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| Filing 10 MOTION for Reconsideration re #9 Order Setting Conditions of Release With Supporting Memo filed by Franklin Liberato. (Allen, Tara) [1:15-mj-00091-LDA] |
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Filing 9
ORDER Setting Conditions of Release as to Franklin Liberato (1) PERSONAL RECOGNIZANCE. So Ordered by Magistrate Judge Lincoln D. Almond on 4/7/2015. (Noel, Jeannine) [1:15-mj-00091-LDA]
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Filing 8
Appearance Bond Entered as to Franklin Liberato in amount of PERSONAL RECOGNIZANCE. So Ordered by Magistrate Judge Lincoln D. Almond on 4/7/2015. (Noel, Jeannine) [1:15-mj-00091-LDA]
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| Filing 7 EXHIBIT/WITNESS LIST (Noel, Jeannine) [1:15-mj-00091-LDA] |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Initial Appearance/Preliminary Hearing/Bond Hearing as to Franklin Liberato held on 4/7/2015 (Chin, Allen) PTS Finneran; Spanish Interp. Kleinberg; Court informs deft of rights & charges; Deft understands rights & charges; Govt presents testimony of One Witness and One Exhibit admitted as Full; Govt Rests; Deft admits Exhibits A & B as Full; Deft Rests; Argument; Court takes matter under advisement; Counsel to submit briefs by 4/14/2015; Bail/Dtn Argument; Deft admits Exhibit C as Full; Deft released on Personal Recognizance with 3rd party custodian and conditions; Objection by Deft Counsel concerning a condition of release; Court notes objection for the record(Courtroom A at 10:19 am.) (Noel, Jeannine) [1:15-mj-00091-LDA] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE: Tara I. Allen appearing for Franklin Liberato (Noel, Jeannine) [1:15-mj-00091-LDA] |
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Filing 5
ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Franklin Liberato. So Ordered by Magistrate Judge Lincoln D. Almond on 4/2/2015. (Noel, Jeannine) [1:15-mj-00091-LDA]
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| Arrest of Franklin Liberato (Noel, Jeannine) [1:15-mj-00091-LDA] |
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ORAL ORDER granting ORAL Motion to Unseal Case as to Franklin Liberato (1). So Ordered by Magistrate Judge Lincoln D. Almond on 4/2/2015.(Noel, Jeannine) [1:15-mj-00091-LDA]
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| ORAL MOTION to Unseal Case filed by USA as to Franklin Liberato. (Noel, Jeannine) [1:15-mj-00091-LDA] |
| NOTICE OF HEARING DEFENDANT REQUEST as to Franklin Liberato. Initial Appearance/Bond Hearing/Preliminary Exam set for 4/7/2015 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) [1:15-mj-00091-LDA] |
| Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Initial Appearance as to Franklin Liberato held on 4/2/2015 (Chin, Allen) PTS Finneran; Deft Counsel requests continuance and a Spanish Interpreter for the Deft; Court continues initial appearance; FPD appointed; Deft Counsel addresses the Court; Court questions Govt; Govt addresses the Court; Court remands Deft with instructions to the U.S. Marshals Service; Govt motions to unseal case; Court grants motion to unseal case ( Bond Hearing/Initial Appearance/Preliminary Hearing set for 4/7/2015 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.)(Courtroom A at 1:22 pm.) (Noel, Jeannine) [1:15-mj-00091-LDA] |
| Filing 4 AFFIDAVIT by USA as to Franklin Liberato (Noel, Jeannine) [1:15-mj-00091-LDA] |
| Filing 3 COMPLAINT as to Franklin Liberato (1). (Attachments: #1 Criminal Cover Sheet) (Noel, Jeannine) [1:15-mj-00091-LDA] |
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Filing 2
ORDER granting #1 Motion to Seal Case as to Franklin Liberato (1). So Ordered by Magistrate Judge Lincoln D. Almond on 2/27/2015.(Noel, Jeannine) [1:15-mj-00091-LDA]
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| Filing 1 MOTION to Seal Case filed by USA as to Franklin Liberato. (Noel, Jeannine) [1:15-mj-00091-LDA] |
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