Kenneth Manzanares Emerald Princess Murder Trial Date Set – United States District Judge Timothy M. Burgess, 62, issued a Scheduling Order on Thursday, August 9, 2018 in the trial of USA v Kenneth Manzanares. It is alleged that Kenneth Manzanares murdered his wife Kristy Manzanares while the couple were aboard Princess Cruises ship Emerald Princess in Alaska on Tuesday, July 25, 2017. (see video below)
I. PROCEDURAL HISTORY
Mr. Manzanares was indicted on August 16, 2017. The indictment alleges: On or about July 25, 2017, in the District of Alaska, within the special maritime and territorial jurisdiction of the United States, on board the M/V Emerald Princess, a vessel within the territorial seas of the United States, and on a voyage having a scheduled departure from and arrival in the United States, the defendant, Kenneth Manzanares, a national of the United States, willfully, deliberately, maliciously, and with premeditation and malice aforethought, did unlawfully kill Kristy Manzanares, a national of the United States. (Docket No. 14).
On September 9, 2017, the defense filed a Non-Opposed Motion to Declare Case Complex (Docket No. 26), which set out reasons the case should be declared complex. The Court granted the motion on September 18, 2017. (Docket No. 30). A status conference was scheduled for September 22, 2017, at which the Court directed the parties to confer and submit a proposed case scheduling order. (Docket No. 33).
On November 9, 2017, the parties met to discuss proposed dates. Subsequent to that meeting, the United States of America notified the court and parties that it was not seeking the death penalty. (Docket No. 36). The parties conferred again and submitted a proposed case scheduling order. This Court issued the case scheduling order on March 22, 2018. (Docket No. 50).
The defense has submitted a motion to continue the trial date. (Docket No. 59). Prior to filing the motion, defense counsel contacted opposing counsel to inform of its intent to seek a continuance of the trial and the basis for that request. The parties also discussed a new trial date of May 13, 2019, be proposed to this Court. The parties have conferred about an amended case scheduling order that tracks the time-schedule set out in the initial case scheduling order issued by this Court.
The following sets out the new case scheduling dates:
II. TRIAL AND PRETRIAL DEADLINES SCHEDULING ORDER
Final Pretrial Conference and Trial Date A Final Pretrial Conference is set for May 20, 2019 at 8:30 a.m. Trial by jury is set to commence on May 20, 2019 at 9:00 a.m. and is expected to last approximately 4 weeks.
1. The government will identify experts it intends to use in its case-in-chief pursuant to Fed. R. Evid. 702,703 and 705 by: 12 weeks prior to trial.
2. The defense will identify any experts they intend to use at trial pursuant to Fed. R. Evid. 702,703, and 705 by: 4 weeks after the government’s disclosures.
3. Government expert reports and summary of expert testimony during the case-in-chief pursuant to Fed. R. Crim. P. 16 (a)(1)(F) and (G) shall be produced by the government by: 12 weeks prior to trial.
4. Defense expert reports shall be produced by the defense to the government by: 4 weeks after the government’s disclosures.
5. Government reports of examinations and tests as described in Fed. R. Crim. P. 16 (a)(1)(F), excluding the expert reports described above, will be produced by
the government on or before: 12 weeks prior to trial.
6. Defense reports of examinations and tests, as described in Fed. R. Crim. P. 16 (b)(1)(B), excluding the expert reports described above, shall be disclosed by: 4
weeks after the government’s disclosures.
7. Defense documents and objects as described in Fed. R. Crim. P. 16 (b)(1)(A) shall be disclosed or made available for inspection by the government by: 8
weeks prior to trial.
8. Evidence of other crimes, wrongs, or acts the government seeks to use at any time during the trial pursuant to Fed. R. Evid. 404(b) shall be disclosed on or before: April 22, 2019.
9. Evidence of conviction of a crime that the government seeks to introduce at trial pursuant to Fed. R. Evid. 609 shall be disclosed on or before: April 29, 2019.
10. The government is directed to certify that all discovery required by law and this Order has been provided to the defense by: April 29, 2019.
1. All disclosures which tend to affect adversely the credibility of a government witness and all disclosures required by Giglio v. United States, 405 U.S. 150 (1972), which are not included in witness statements, shall be produced by the
government no later than: April 29, 2019.
2. All disclosures required by the Jencks Act, 18 U.S.C. §3500, shall be produced by the government no later than: April 29, 2019.
Both the government and defense have a continuing duty to disclose any additional evidence or material discovered before or during trial if the federal rules orthis Court’s order requires its production. Such evidence must be promptly disclosed to the other party or the Court. If a party fails to comply with this discovery order, the Court may order that discovery or inspection occur by a certain date and in a certain manner; grant a continuance; prohibit the offending party from introducing the undisclosed evidence at trial; or enter any other order that is just under the circumstances.
In order to keep the Court and the parties fully advised on matters affecting the progress of the case toward its ultimate disposition, the status conferences are currently scheduled:
- October 5, 2018 at 10:00 a.m.;
- January 24, 2019 at 10:00 a.m.;
- March 21, 2019 at 10:00 a.m.
The Federal government is being represented by Kelly A. Cavanaugh from the Anchorage Alaska U.S. Attorney’s Office. Kenneth Manzanares is represented by Richard Curtner from the Federal Public Defender’s Agency in Anchorage, Alaska. Curtner has a public defender for over 40 years.
Judge Timothy M. Burgess History
- On July 17, 2018, Judge Burgess sentenced Matthew James Scharber, 36, to life in prison, plus an additional 10 years on the firearms offense after being convicted of kidnapping and shooting two brothers. Scharber pleaded guilty to conspiracy to commit kidnapping, kidnapping, carjacking, and possessing, brandishing, and discharging a firearm in furtherance of a crime of violence.
- On May 7, 2018, Judge Burgess Tyler sentenced Arlan Weis, 41, to serve 12 years in prison, followed by a life term of supervised release, for receipt of child pornography.
- On February 16, 2018, Judge Burgess, sentenced Jim Wayne Thornhill, 40, was to 262 months in prison for accessing hundreds of photos of child pornography. Thornhill downloaded 581 images depicting child pornography onto his cellphone.
- On August 15, 2016, Judge Burgess sentenced Thomas Schopp, 52, to to life imprisonment for production of child pornography. Schopp had two prior convictions for child molestation.
- On October 12, 2015, Judge Burgess struck down Alaska’s first-in-the-nation ban on gay marriages in federal court.
- On August 24, 2012, Judge Burgess dismissed a lawsuit challenging President Barack Obama’s qualifications to appear as a candidate on the November general election ballot. Gordon Warren Epperly of Juneau claims that Obama does not have the political right to hold federal office because he’s of mixed race.
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