USA v. Reid

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Criminal No. 05-cr-57-JD
Gordon Reid
O R D E R
At the hearing held on May 16, 2006, the court provided
Gordon Reid with transcripts of his first trial. He now moves to
be provided with a copy of the transcript of the jury selection
from that trial. In a separate motion, he asks that his standby
counsel be provided with certified transcripts.
Reid argues that he needs a transcript of the jury selection
“for the full development of his double jeopardy claim.” He is
mistaken. “In a jury case, jeopardy attaches when the jury is
empaneled and sworn.” United States v. Pacheco, 434 F.3d 106,
112 (1st Cir. 2006). In Reid’s case, the docket shows that the
jury was sworn on February 13, 2006, and he has a transcript of
that day of trial. He has not shown any need for a transcript of
the jury selection.
Reid states that standby counsel informed him at the hearing
on May 16, 2006, that he did not have a copy of the trial
transcripts. Reid also states that he “does not have a copy that
is certified true and accurate.” He asks that the court provide
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standby counsel “with a copy of the trial transcript certified
true and accurate.”
To the extent Reid believes that the certification on the
transcripts that he was provided by the court at the hearing on
May 16, 2006, is insufficient and seeks a new copy with a
different certification, that request is denied. Standby counsel
can come to the clerk’s office and pick up the set of trial
transcripts that was originally provided to Reid.
Conclusion
For the foregoing reasons, the defendant’s motion for a
transcript of jury selection (document no. 294) is denied. The
defendant’s motion to provide standby counsel with transcripts
(documents no. 295) is granted to the extent provided in this
order.
SO ORDERED.
____________________________
Joseph A. DiClerico, Jr.
United States District Judge
May 31, 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
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