USA v. Reid

1The government states that the motion to stay includes
Reid’s renewed motion for transcripts. Those motions are
docketed separately as document number 276 and number 277.
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Civil No. 05-cr-057-JD
Gordon Reid
O R D E R
On April 27, 2006, Gordon Reid filed motions for
transcripts, for a stay of the proceedings, for access to the
court, and for a protective order.1 On May 10, Reid filed a
supplemental motion for transcripts. The government moves for an
extension of time to respond, in order to receive reports that it
has requested from the Strafford County House of Corrections
pertaining to recent incidents at the jail involving Reid.
Reid represents in his affidavit attached to his motion for
access to the court (document no. 278) that in the middle of
March, following an incident when he refused to lock down, he was
told by Captain McPherson that other inmates resented the amount
of time Reid spent working on his criminal defense and that if
Reid continued to receive incident reports, McPherson would move
him to “HP1" where it would be more difficult for him to work on
Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 1 of 5

2
the law computer. Reid states that on March 30, 2006, he was
attacked by another inmate and was given an incident report for
fighting. He was then moved to “HP2" and put in twenty-three
hour lock-down without access to writing materials or the law
computer. After Reid was moved to “H Unit,” he was involved in a
second incident on April 14, 2006, and he was returned to “HP2,”
“D Unit,” again without access to law materials or the law
computer. Reid also states that he was denied access to the
telephone.
Before the incidents occurred that have led to Reid’s
current motions, Reid was granted an opportunity to supplement
his pending motions to dismiss and to disqualify Assistant United
States Attorney Fitzgibbon after he received the transcripts from
his first trial. The transcripts of Reid’s first trial were
produced and sent to Reid at the Strafford County House of
Correction by April 18, 2006. In his supplemental motion for
transcripts, Reid states that on April 26, 2006, Lieutenant
Cullen brought him transcripts in a single stack without their
envelopes or covers. He says that after inspection, he concluded
that the transcripts appeared to be incomplete. A hearing is
scheduled to be held on May 16, 2006, to address the issue of the
transcripts. Because the transcript issue will be resolved at
the hearing on May 16, 2006, there is no need at this time to
Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 2 of 5

3
stay these proceedings or to extend the deadlines for
supplemental responses to the pending motions, based on the
transcripts.
Reid moves for a stay of these proceedings until the court
rules on his motions for transcripts, for access to the court,
and for a protective order. Reid argues that the time he spent
in restricted housing after the incidents noted above has
impaired his ability to prepare his defense. He also asks the
court to order that he have access to a law library and to
restore the opportunities for access to legal materials and the
telephone that he had before the incidents in March and April of
this year.
Although a criminal defendant has a Sixth Amendment right to
represent himself, that right does not require unlimited access
to a law library or law materials. See Kane v. Garcia Espitia,
126 S. Ct. 407, 408 (U.S. 2005) (citing cases). When, as here,
standby counsel is available to assist a criminal defendant,
however, his right to represent himself and his right to have
access to a law library or legal materials are subject to
reasonable restrictions. See, e.g., United States v. Sarno, 73
F.3d 1470, 1491 (9th Cir. 1995); Caton v. Maze, 995 F.2d 881, 881
(8th Cir. 1993); Barham v. Powell, 895 F.2d 19, 23 (1st Cir.
1990); Milton v. Morris, 767 F.2d 1443, 1446 (9th Cir. 1985).
Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 3 of 5

4
This case was tried to a hung jury in February of this year
and will be retried beginning on July 18, 2006. Reid was very
well prepared in the first trial, and the second trial will begin
only six months after the first trial ended. Given the proximity
of the two trials, the lack of significant new issues to be
addressed in the second trial, and Reid’s access to his standby
counsel for assistance, Reid has ample time to prepare for the
second trial.
The reports that the government has requested from the jail
and other information about the incidents and circumstances,
which Reid cites as the basis for his motions, are likely to be
material to the resolution of those motions. The government is
granted an extension of time to respond, with appropriate factual
support, to Reid’s motions for access to the court (document no.
278) and for a protective order (document no. 279) on or before
May 24, 2006.
Conclusion
For the foregoing reasons, the defendant’s motion for
transcripts (document no. 276) is denied as moot, and the
defendant’s supplemental motion for transcripts (document no.
283) will be resolved at the hearing to be held on May 16, 2006.
The defendant’s motion for a stay (document no. 277) is denied.
Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 4 of 5

5
The government’s motion for an extension of time (document no.
281) is granted to the extent that the time for filing the
government’s response is extended to May 24, 2006.
The remaining deadlines are not changed, and the trial will
proceed as scheduled on July 18, 2006.
SO ORDERED.
____________________________
Joseph A. DiClerico, Jr.
United States District Judge
May 15, 2006
cc: Gordon Reid, pro se
Michael J. Iacopino, Esquire
Helen W. Fitzgibbon, Esquire
Clyde R.W. Garrigan, Esquire
U.S. Probation
U.S. Marshal
Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 5 of 5