the post-hearing motions, and, therefore, excludable delay from July 13, 1983, through November 2, 1983, continued to accrue under (h)(7) and (h)(1)(F).
On November 3, 1983, the court by order made findings that an additional hearing was necessary with respect to some pre-July 13, 1983, motions and entered an order as to all motions as provided for in (h)(8)(A) and (B), which order held that the time from filing of pretrial motions until their ultimate disposition was to be excluded.
In the November 3, 1983, order the court made a further observation that a period of excludable delay in fact had begun on April 1, 1983, under (h)(3)(A) as to defendant Cox who was in a fugitive status, which applied to all co-defendants under (h)(7), since no motions for severance had been filed or granted.
From November, 1983, through March, 1984, defendant Felton continued to file pretrial motions and responses.
Defendant Cox was apprehended and appeared in this district with counsel on March 21, 1984. This ended the "fugitive status" exclusion under (h)(7), however, the (h)(7) exclusion continued as to all other defendants since defendant Cox could not be forced to trial before thirty days from his first appearance on March 21, 1984, as provided for in (c)(2). In addition, the period from March 21, 1984, through April 10, 1984, is excludable under (h)(7) as to defendant Cox, since there were further pretrial motions pending which had been filed by the co-defendants prior to and after Cox's apprehension.
On March 21, 1984, the supplemental hearing on pretrial motions was held and the transcript filed April 6, 1984. Defendant Cox filed his pretrial motions on April 10 and 17, 1984, which continued the (h)(7) exclusion for his co-defendants and a (h)(1)(F) exclusion as to Cox until disposition of the motions on on May 18, 1984.
A hearing on the status of this case was held April 20, 1984, and the case listed for trial to commence May 4, 1984, at 9:00 A.M. Defendant Hathorne filed an interlocutory appeal on April 25, 1984, commencing a (h)(1)(E) exclusion for that defendant, and continuing the (h)(7) exclusion as to the co-defendants. The government filed its interlocutory appeal on June 14, 1984, and that triggered an additional (h)(1)(E) exclusion. The trial was continued pending the appeals.
The majority of the pretrial motions, some of which were filed as late as April 30, 1984, were disposed of by this court on May 18, 1984.
The three major Speedy Trial Act exclusions in this case are:
1) The fugitive status of defendant Cox and his unavailability for trial from April 1, 1983, through April 20, 1984, (h)(7).