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November 2, 2020: Judge Alexander, Status Conference Circuit Court

Writer's picture: Justice for Denis PrekaJustice for Denis Preka

Updated: Jan 28

STATUS CONFERENCE BEFORE THE HONORABLE JAMES M. ALEXANDER, CIRCUIT JUDGE

 

THE CLERK:  Now calling People versus Nicholas Remington, case number 2019-272593-FC. 

Monday, November 2, 2020 3:01 p.m. at 3:11 p.m., proceeding concluded Pontiac, Michigan

And this video may be made public. (hearing held via Zoom videoconferencing)

 

THE COURT:  Can I have your appearances, please? Beth?

 

MS. HAND:  Hi.  Good afternoon, Your Honor.  I’m appearing on behalf of the People.

 

MR. ROCKIND:  Neil Rockind, co-counsel for Nicholas Remington, Your Honor.  Good afternoon.

 

MR. LEWIS:  Good afternoon, Your Honor --

 

THE COURT: (indiscernible) --

 

MR. LEWIS:  Randall Lewis, co-counsel for Nicholas Remington.

 

THE COURT:  So, what’s up, folks?

 

MS. HAND:  Your Honor, Friday was the day that we had scheduled for an in person hearing on, I think, (indiscernible) six motions that Defense Counsel filed and one that I filed on, uh, this case.  And given the fact that the Court is no -- not doing in person, uh, I suggested that we go forward by Zoom.  Uh, Defense Counsel does -- you know, does not want to.  Uh, and so, I wanted to make a record of the fact that, uh, Judge, I don’t believe he has a right to an in person on motion hearings.  I mean, the Court technically could decide the motions without oral argument altogether. So, I asked Mr. Rockind what legal authority he was relying on that he had the right to be in person as opposed to, uh, Zoom. And I looked at the order of Judge Kumar as well as the Supreme Court order and it appears that the, uh -- both courts are indicating that matters to move along. Uh, obviously, this -- Your Honor is leaving at the end of the year. Congratulations on your retirement. Uh --

THE COURT: Thank you very much.

MS. HAND: You’re welcome. Uh, in any event, I --I—I see this as a delay tactic in that, uh, by pushing it off till next year, this Court isn’t going to have the opportunity to decide motions that have been pending before it for many months now. Uh, and so, the People are requesting -- it doesn’t have to be Friday. But before the Court, uh, ends its term, uh, that the Court make a ruling on the motions. And if that requires that we argue by Zoom, so be it.

MR. ROCKIND: Judge, good afternoon.

THE COURT: Any (indiscernible) --

MR. ROCKIND: Judge, we’ve, uh -- we’ve made our position known to Ms. Hand for, uh -- for some time and to the Court. We’ve, uh -- our client is, uh -- has insisted on a -- on a live hearing. We have, uh, adjourned the case, uh, with a live hearing in mind. We had a status conference back in June where we had set, uh, a live hearing for September. That got moved to November. Ms.  Hand and I had communications about, uh, the -- the fact that we weren’t gonna be able to do a live hearing. And the initial understanding I had was that she just wanted to make a record to ob--to—to go on the record and assert that any delay was attributable to the Defendant. I said, absolutely. Uh, I offered to send an email to your staff which I did. Asserting that the time was attributable and charged to the Defendant which we agreed that it was. And then, there was a -- a -- essentially a sea change in the position of the People. Uh, which was now, uh, artic -- I-- I guess insisting that we have to state some legal position. We had to do some other things. And I -- and I opposed it. And I’ve said -- and I -- and I said the position is -- is that Mr. Remington -- these -- these are serious motions. They’re involved motions. We have all along adjourned the case wi -- for a live hearing, for an in-person hearing. That’s been our position. We’re still seeking an in person hearing for these motions. And so, nothing has changed from the Defense. Your Honor had essentially back in June had -- had indicated that you accepted our representation that we wanted a live hearing and that you agreed to a live hearing. I understand that -- that you may not be able to conduct one. But the fact of the matter is is that -- that that request was already made and essentially granted, and the People didn’t even object. So, that’s -- that’s what we’re seeking.

THE COURT: Is any -- is there any -- any authority that I have to have a live body in front of me on a motion?

MR. ROCKIND: Well, our -- our client is -- our client -- I mean, if -- if the Court wants me to brief the issue, I certainly will do that. I have been representing to my client all along that he was -- that we were holding out for a live hearing. That we believe the motions were significant enough to --

THE COURT:  I mean –

 

MR. ROCKIND:  -- to -- to –

 

THE COURT:  I mean, this is -- this is the practical problem.  The practical problem is it is November 2nd. I have 60 days left. Uh, we have -- really, I’ve got about 45. The -- the way I’m looking at it right now.  Uh, if I were to do a live hearing, Ms. Hand, that’s -- or if I was do this -- grant you your request,  do a hearing, it would -- I mean, if I was practicing law, I’d do the hearing in front of the judge that’s here and  then the minute -- on January 2nd, I’d file a motion for reconsideration in front of the new judge. And I have no idea who that’s gonna be. It could be Judge Valentine.  Or it could be, uh, one of the new -- you know, the -- one of the two new judges who’s coming on. Uh, so, we’re really just kind of spinning wheels if we do it. Aren’t we?

MS. HAND: Well, Judge, I don’t know necessarily that a motion for reconsideration -- I mean, they’d have to show that you made a palpable error. It’s not as though, uh -- you know, if I want a second bite of the apple. Uh, I understand what the Court is saying. I mean, I think the (indiscernible) would be for either side of a -- either side, uh, depending on how the Court rules. Uh, you know, would be an -- an appeal of the Court’s decision. Not necessarily a motion for reconsideration.  I guess that -- it’s one option if somebody can show that you made a palpable legal error. Uh, but that’s, you know -- I don’t -- I don’t know that the Court’s going to make a palpable legal error. And -- you know, for either party. So, and really, the Court is very thorough at researching and making sound --

THE COURT:  Tell you what --

 

MS. HAND:  -- decisions.

 

MR. ROCKIND:  Judge I -- I --

 

THE COURT:  Go ahead.

MR. ROCKIND: -- (indiscernible). I -- I’m just --I’m--I’mnot--lookatit. I’m--I’mnothereto- - I -- I know you’re a good judge. And I appreciate that. I know you’re thorough. So, I don’t think sitting here and going through those things is going to -- gonna move the ball. I just --

THE COURT:  All right.  Why don’t you guys, uh -

 

MR. ROCKIND:  My client has just wanted a live hearing on these very important motions.  And so --

 

THE COURT:  Give me -- give me -- give me some law.  Both of you.  Get it to me by a week from today and I will give you an opinion one way or the other.

 

MR. ROCKIND:  An opinion on whether -- on --

 

THE COURT: (indiscernible) --

 

MR. ROCKIND:  Okay, Your Honor.

 

THE COURT:  On whether or not your clie --whether or not the Defendant has a right to a live hearing on a criminal motion.  I mean, I think, since I’m sitting here thinking about it, there’s gonna be testimony, right?

 

MR. ROCKIND:  There could be --

 

MS. HAND:  No.  It --

                         

MR. ROCKIND:  -- Your Honor.  Yes.  I think there could be --

         

MS. HAND:  No.  Not --

 

MR. ROCKIND:  Yes.

 

MS. HAND:  Judge, not on the motions.  They --they haven’t -- they’ve -- part of the motions is requesting a hearing.  But as far as the motions, it’s just an argument whether or not the Defendant’s entitled -- entitled to a hearing.  And that’s on only one of the motions.

 

MR. ROCKIND:  And Judge, you see -- you --Judge, you -- you’ve zeroed in on one of the significant issues.  Which is that once we -- there is a -- a motion, there’s a -- a -- a ruling then there could be subsequent hearing with testimony.  Then there could be a motion for reconsideration.  Then that could be before -- I -- I’m -- I’m sorry to say.  We’ve been asking for a live hearing for a while because we believe that that’s what we’ve been representing to our client all the while that he was --

 

THE COURT: (indiscernible) --

 

MR. ROCKIND:  And I -- and I think Your Honor has zeroed in on that.  And so, I’m not sure what the current -- what the interest is in the next 45 days of --of changing what Ms. Hand is essentially already agreed to a while ago.  We -- we even agreed a week ago.  And it -essentially just sent an email to the Court and I said okay. And then, I got a -- a -- a reversal of opinion. And so, uh, not sure what the change is but that -- that’s that’s our position.  So, and I --

 

THE COURT: (indiscernible) --

 

MS. HAND:  That’s not --

 

MR. ROCKIND:  -- (indiscernible) --

 

MS. HAND:  That’s -- that’s not --

 

THE COURT: (indiscernible) --

 

MS. HAND:  -- a hundred percent accurate.  I --I indicated -- I never asked Mr. Rockind to send an email to the Court. I indicated I had heard that the Court would -- may not be going live until the end of the year and that I would, uh, contact your staff to see if in fact that was the case. Uh, because I knew Mr. Rockind wanted a live hearing. I didn’t know if the November 6th date was going to be realistic. And then, Mr. Rockind took it upon himself to send an email to the Court. Uh, several. Uh, so, my -- my only question to Mr. Rockind was -- and his response to me was seriously -- was do you have any legal authority that you’re entitled to this? Now, he is correct. I re -- from the September date until the November date, I didn’t object. Because, Judge, I still thought at this point, November was realistic that we would be in person. Obviously, nobody can control, uh, this pandemic that is occurring. Nobody -- wh -- it’s beyond our control. Uh, but I -- as any -- Wednesday.

 

THE COURT:  It’s gonna be over –

 

MS. HAND:  -- attorney has a right –

 

THE COURT:  -- (indiscernible).  It’ll be over after the election.  We’ve turned the corner.

 

MS. HAND:  In any event --

 

THE COURT: (indiscernible) --

 

MS. HAND:  -- Judge –

 

THE COURT:  All right.  I’ll tell you what --

 

MS. HAND:  That -- that’s --

 

MR. ROCKIND:  And -- and so, I -- I just --anyway, Judge. I don’t wanna go back and forth. I think that we can do better than this. And I -- I genuinely -- we’ve been advising our client all along that we have -- our position has not changed one bit about our desire to conduct a 18 19 quick and 20 live hearing --

 

THE COURT:  Okay.  Give me some law.  Make it dirty.  Get it to me by --

 

MR. ROCKIND:  Could we have two weeks?

 

THE COURT:  -- I’d love to --

 

MR. ROCKIND:  Could we have two weeks, Your Honor? Cause I’m gonna be out of town for -- for, uh, (indiscernible) –

THE COURT: You got two weeks, you guys are not gonna get a live hearing. ‘Cause I’m starting Simon versus Taubet (ph) on the 16th of November. And that’s pretty much gonna take me the rest of my career.

MR. ROCKIND: I under -- I understand, Judge. I  --

THE COURT: So --

MR. ROCKIND: -- (indiscernible) --

THE COURT: -- get it to me by

MR. ROCKIND: By -- by Monday?

THE COURT: Lewis is perfectly capable of writing the brief, Mr. Rockind.

MR. ROCKIND: Okay.

THE COURT: By Monday and I’ll give you guys an opinion very quickly thereafter.

MS. HAND:  All right.  Thank you, Judge.

 

MR. ROCKIND:  Okay.

THE COURT:  Thank you.  Have a good one.  Stay safe.

MR. ROCKIND:  You, too.  Thank you.

 

MR. LEWIS:  Thank you.

 

MS. HAND:  You, too, Judge.

(November 2, 2020 3:11 p.m proceeding concluded)




 

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