Case 2:18-cr-00422-DJH Document 1542 Filed 03/17/23 Page 1 of 3
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`GARY M. RESTAINO
`United States Attorney
`District of Arizona
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`KEVIN M. RAPP (Ariz. Bar No. 014249, kevin.rapp@usdoj.gov)
`MARGARET PERLMETER (Ariz. Bar No. 024805, margaret.perlmeter@usdoj.gov)
`PETER S. KOZINETS (Ariz. Bar No. 019856, peter.kozinets@usdoj.gov)
`ANDREW C. STONE (Ariz. Bar No. 026543, andrew.stone@usdoj.gov)
`Assistant U.S. Attorneys
`40 N. Central Avenue, Suite 1800
`Phoenix, Arizona 85004-4408
`Telephone (602) 514-7500
`
`DAN G. BOYLE (N.Y. Bar No. 5216825, daniel.boyle2@usdoj.gov)
`Special Assistant U.S. Attorney
`312 N. Spring Street, Suite 1400
`Los Angeles, CA 90012
`Telephone (213) 894-2426
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`KENNETH POLITE
`Assistant Attorney General
`Criminal Division, U.S. Department of Justice
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`AUSTIN M. BERRY (Texas Bar No. 24062615, austin.berry2@usdoj.gov)
`U.S. Department of Justice
`Child Exploitation and Obscenity Section
`1301 New York Avenue, NW, 11th Floor
`Washington, D.C. 20005
`Telephone (202) 412-4136
`Attorneys for Plaintiff
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF ARIZONA
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`United States of America,
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`Plaintiff,
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`v.
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`James Larkin (2), Scott Spear (3),
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`Defendants.
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`CR-18-422-PHX-DJH-2, 3
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`UNITED STATES’ SUPPLEMENT TO
`RESPONSE TO DEFENDANTS
`LARKIN AND SPEAR’S MOTION TO
`CONTINUE TRIAL
`[Doc. 1526]
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`On March 9, 2023, Defendants James Larkin and Scott Spear moved to continue
`trial in this matter, and on the same day, the Court ordered the government to file any
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`Case 2:18-cr-00422-DJH Document 1542 Filed 03/17/23 Page 2 of 3
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`response by March 14, 2023, and ordered all parties to set forth their positions on a possible
`severance of certain defendants for trial. See Dkt. No. 1527. On March 14, 2023 the
`government filed its Response, and on March 17, 2023, Defendant Spear filed his Position
`regarding severance. See Dkt. No. 1536.
`In his Position, Defendant Spear quoted from, but did not attach, a letter from
`government counsel to Defendant Spear’s Knapp counsel, Bruce Feder, regarding Mr.
`Feder’s request for release of funds (the “March 7 Letter”). To avoid any confusion over
`the March 7 Letter at the presently-scheduled hearing, attached as Exhibit A to this
`Supplement is the full March 7 Letter referenced in Defendant Spear’s Position.
`The government respectfully submits that the March 7 Letter does not support
`Defendant Spear’s claim that the government is seeking to “have it both ways” by opposing
`a continuance here. See Dkt. No. 1536, at 2. Government counsel is obviously not privy to
`the division of labor between Defendant Spear’s multiple counsel, and at the time the
`March 7 Letter was sent, the government had not seen Defendant Spear’s arguments
`regarding Mr. Kessler’s purported inability to prepare for trial, as set forth in his motion to
`continue – which would not be filed for two more days.
`Respectfully submitted this 17th day of March, 2023.
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`GARY M. RESTAINO
`United States Attorney
`District of Arizona
`KENNETH POLITE
`Assistant Attorney General
`Criminal Division, U.S. Department of Justice
` s/Kevin Rapp _____________________
`KEVIN M. RAPP
`MARGARET PERLMETER
`PETER KOZINETS
`ANDREW STONE
`DANIEL BOYLE
`Assistant U.S. Attorneys
`AUSTIN BERRY
`Trial Attorney
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`- 2 -
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`Case 2:18-cr-00422-DJH Document 1542 Filed 03/17/23 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 17, 2023, I electronically transmitted the attached
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`document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a
`Notice of Electronic Filing to the CM/ECF registrants who have entered their appearance
`as counsel of record.
`
`
`s/ Daniel Parke
`Daniel Parke
`U.S. Attorney’s Office
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`- 3 -
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