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STIPULATION AND PROPOSED ORDER TO CONTINUE STATUS CONFERECE

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Law Offices of Robert M. Wilson
Robert M. Wilson, SBN: 122731
770 L Street, Suite 950
Sacramento, CA 95814
Telephone: (916) 441-0888
RWilson@CriminalDefenseAtty.netJ
ATTORNEY FOR DEFENDANT
JOHN MICHAEL DICHIARA

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

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JOHN MICHAEL DICHIARA

Defendant.

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Case №: 2:15-cr-190 GEB

STIPULATION AND PROPOSED
ORDER TO CONTINUE THE STATUS
CONFERENCE FROM March 29, 2019
TO OCTOBER , 2019 AND FINDING
OF EXCLUDABLE TIME

STIPULATION
IT IS HEREBY STIPULATED AND AGREED between the parties and their attorneys, Audrey
Hemesath, Assistant United States Attorney, and Robert M. Wilson, attorney for John DiChiara,
that the status conference date of Friday, March 29, 2019, should be continued to Friday,
November 15, 2019, and time should be excluded under the Speedy Trial Act. The parties
further stipulate as follows:
1. On September 28, 2018, this court held a status conference as to defendant DiChiara
and set a trial date of May 14, 2019, and a trial confirmation hearing for April 5,
2019. and a trial date of May 14, 2019. The court further found excludable time

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under the Speed Trial Act from September 28, 2019, through May 14, 2019 (ECF
481). On February 22, 2019, this court held a further status conference concerning
the medical condition of defendant DiChiara and set a further status conference for
March 29, 2019. (ECF 511) .
2. The defense now requests to vacate the March 29, 2019 status conference, April 5,
2019 trial confirmation hearing and the May 14, 2019 trial date, and the government
does not oppose. The reason for the defense request to continue is that Mr.
DiChiara’s health condition would prevent his assistance in his defense and his
attendance at trial.
3. On February 22, 2019, defendant DiChiara executed medical records releases for the
benefit of the government and defense counsel. Since that time, the FBI has
interviewed health care providers for Mr. DiChiara and has shared a report of those
interviews with the defense.
4. On March 8, 2019, the FBI interviewed nurse Mandy Stanton form Dr, Chris Shin’s
office, Physical Medicine and Rehabilitation Department, UC Davis Medical Center.
Nurse Stanton indicated the Mr. DiChiara was seen on March 4, 2019, in the
Emergency Department complaining of chest pains with a history of a triple 2017 by-
pass surgery. Nurse Stranton described Mr. DiChiara’s health as “a mess”.
5. On March 20, 2019, the FBI interviewed Dr. Chris Chin, who indicated that Mr.
DiChiara likely had multiple strokes and likely has some deficits, including memory,
but that his major issue is cardiovascular and kidney related. Dr. Chin describes his
cardiac condition and kidney (stage 3 chronic kidney disease) status as “bad”.
6. On March 12, 2019, the FBI interviewed Dr. Mossa Haider, Mr. DiChiara’s
cardiologist. Dr. Haider indicated that Mr. DiChiara needs to have his heart re-

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studied because he is still complaining of chest pain. Because of a recent fall
reportedly suffered by Mr. DiChiara, further cardiac studies, including an angiogram,
could not be performed until Mr. DiChiara undergoes a CT scan. Dr. Haider
indicated that if Mr. DiChiara proceeded to trial on May 15, 2019, the Court would
have to accommodate Mr. DiChiara’s ongoing medical treatment, including cardiac
rehabilitation schedule. Mr. DiChiara will schedule and undergo this CT scan as soon
as possible.
7. On March 16, 2019, the FBI interviewed Dr. Tony Tsai of Retinal Consultants Group.
Dr. Tsai last saw Mr. DiChiara in November of 2018 and confirmed that Mr. Dichira
is suffering from diabetic retinopathy.
8. Given the current and ongoing medical treatment of Mr. DiChiara, the defense
requests to vacate all upcoming dates and set this matter for a further status
conference in October , 2019. The government does not oppose this request.
9. The defendant, John DiChiara, is currently out of custody.
10. The parties stipulate that such continuance on the basis of that the ends of justice
served by taking such action outweigh the best interest of the public and the
defendant in a speedy trial. The parties further stipulate the continuance is necessary,
as Mr. DiChiara is currently physically incapable of attending and participating in
trial, such that time exclusion is again appropriate under Local Code N, 18 U.S.C.
3161(h)(4). Furthermore, defense counsel is still reviewing discovery, trial
transcripts, meeting with his client, and investigating information as well as
conducting additional research and as such time exclusion is appropriate under Local
Code T-4.

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11. Nothing in this stipulation and order shall preclude a finding that other provisions of
the Speedy Trial Act dictate that additional time periods be excludable from the
period within which a trial must commence.
IT IS SO STIPULATED that the time between March 29, 2019 and November 15, 2019
should be excluded from the Speedy Trial calculation pursuant to 18 U.S.C.§§ 3161(h)(7)(A),
B(iv) [Local Code T4] and 3161(h)(4) [Local Code N] for defense preparation and due to Mr.
DiChiara’s comorbidities and inability to assist counsel with the preparation for trial or
participation in trial and his necessity to participate in medical rehabilitation. The parties stipulate
that the ends of justice served by granting this continuance outweigh the best interests of the public
and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

IT IS SO STIPULATED.

Dated: March 27, 2019 /s/ Robert M. Wilson
ROBERT WILSON
Counsel for Defendant
JOHN DICHIARA

Dated: March 27, 2019 MCGREGOR SCOTT
United States Attorney

/s/ Audrey Hemersath
AUDREY HEMESATH
Assistant United States Attorneys

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STIPULATION AND PROPOSED ORDER TO CONTINUE STATUS CONFERECE

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IT IS SO ORDERED.

The trial confirmation hearing set for April 5, 2019, and the trial date of May 15, 2019,
are vacated. The status conference presently set for March 29, 2019, at 9:00 A.M., is hereby
continued to November 15, 2019 at 9:00 A.M., and time under the Speedy Trial Act will be
excluded from March 29, 2019 through November 15, 2019 pursuant to 18 U.S.C.§§
3161(h)(7)(A), B(iv) [Local Code T4] and 3161(h)(4) [Local Code N] due to the unavailability
of the defendant and further representations of the parties in their stipulation. The Court finds
that the ends of justice served by granting this continuance outweigh the best interests of the
public and the defendant in a speedy trial.
Dated: March 28, 2019

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