U.S. Magistrate Judge Abbie Crites-Leoni on Friday, Dec. 6, granted former Cape Girardeau City Councilman Rhett Pierce's request for an extension to file pre-trial motions.
Prior Southeast Missourian reporting stated Pierce was arrested by state law enforcement on two counts of unlawful possession of a firearm and one count of drug trafficking. Pierce was federally indicted on one count of drug possession with intent to distribute and one count of unlawful possession of a firearm Oct. 1.
According to the judge's order, Pierce's attorney had not been able to "completely review" and discuss the discovery in Pierce's case because of their "workload commitments". The document states Pierce's attorney requested a 45-day extension for them to complete the review and file any pre-trial motions if needed.
"For the reasons stated, the Court finds that to deny the Defendant’s request for an extension of 45 days would deny counsel for Defendant the reasonable time necessary to complete effective investigation and to determine whether pretrial motions need to be filed, taking into account the exercise of due diligence," the judge's order states. "The Court further finds that the ends of justice served by granting Defendant’s request for additional time outweigh the best interest of the public and Defendant in a speedy trial."
On Oct. 21, Eastern District of Missouri U.S. Attorney Sayler A. Fleming and Assistant Eastern District of Missouri U.S. Attorney Christopher C. Shelton filed a request for discovery that sought the production of statements of witnesses, the request for notice of alibi witnesses and the request for disclosure of the federal rules of criminal procedure.
According to the document, Pierce was given until Tuesday, Jan. 21, to file pre-trial motions or to give notice he would not be filing any motions.
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