01-2983 U.S. v. Farr

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“[W]e refuse to agree with Farr’s meritless argument that the trial judge abused his discretion in declining to grant a third continuance. At the outset, we note that Farr and his attorney had both adequate time and access to discovery in order to prepare for trial if Farr had seen fit to cooperate with his attorney. Because Farr chose to avoid his responsibilities to his attorney and in turn avoid the Milwaukee, Wisconsin area, he supplied his version of the events to his attorney through e-mail correspondence. Farr’s counsel was given the benefit of an opportunity for review of the government’s discovery material some 70 days before trial.

Reynolds, 189 F.3d at 526 (no abuse of discretion where trial court granted several continuances when defendant’s counsel withdrew and provided more than five weeks of time for replacement counsel to prepare for trial). In addition, the government took the extraordinary step of making available a nine-page summary and outline of its theory of the case.

Furthermore Farr had been granted two continuances on prior occasions and had remained in Puerto Rico until the eve of the trial during the time frame when he should have been in the Milwaukee area to discuss and review the case with his attorney. In view of the defendant’s reluctance to cooperate with his attorney, the trial court was absolutely under no obligation to permit another delay in the trial of the case to enable him to review with his attorney documents that both he and counsel had possessed for many months. Schwensow, 151 F.3d at 656; Depoister, 116 F.3d at 295 (no abuse of discretion where trial judge declined to grant continuance where defendant had received three continuances and where relevant discovery had been made available and readily accessible to defendant). More notably, Farr repeatedly refused to cooperate with counsel and stonewalled each and every one of his counsel’s attempts to prepare for trial, and it is eminently clear that it is the defendant Farr who is solely responsible for the shortening of the preparation time. In short, Farr had to be dragged kicking and screaming into counsel’s office, not much unlike a kindergartner being sent to school for the first time and ending up in the principal’s office. Furthermore, Farr chose to remain in Puerto Rico until the eve of trial. Even when the trial judge generously granted a last-minute, one-week reprieve in order to allow Farr to meet with his attorney, the defendant took it upon himself to meet with his counsel for but one hour during that week, failing even to provide his counsel with a telephone number or address where he could be contacted directly.”

Affirmed.

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Coffey, J.