Lawyers for the two Executive Recycling officials charged with...
Lawyers for the two Executive Recycling officials charged with federal crimes for dumping lead-laden CRTs in China (CED Sept 20 p7) need more time to pore through the massive volume of evidence that government prosecutors plan to enter in the…
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case, they said in a continuance motion filed in the U.S. District Court in Denver. The motion, which prosecutors didn’t oppose, asks U.S. District Judge William Martinez for a 60-day deadline extension to Dec. 13 for defendants’ pretrial motions and to vacate the court’s Nov. 28 trial date, the lawyers said. They also cited the “unusual nature and complexity of this case.” Under a Sept. 27 scheduling order signed by Martinez, prosecutors have until Oct. 13 to disclose their evidence and defendants’ pretrial motions are due only five days later, the motion said. “The government has advised that the materials subject to disclosure are voluminous, consisting of approximately 70,000 pages and two terabytes of digital information,” the motion said. “The defense cannot reasonably be expected to digest that amount of material and prepare pretrial motions within the time allotted,” it said. The allegations that the Executive Recycling officials, CEO Brandon Richter and Vice President of Operations Tor Olson, violated the federal Resource Conservation and Recovery Act also make for “a rather novel prosecution,” it said. They're charged with exporting hazardous waste and smuggling goods out of the U.S. under new laws enacted under the 2005 Patriot Act, it said. “The government’s theories raise complicated legal issues, which will contribute to the time required by all parties to adequately prepare pretrial motions."