At least one of 35 defendants named in a sweeping drug conspiracy indictment has objected to a continuance of the trial, and is demanding, through his attorney, to go to trial as scheduled on July 24 in federal court before U.S. District Judge James M. Moody Jr.
Eric Avett, 54, of Little Rock, was indicted last November following a far-reaching FBI investigation into gang violence and drug trafficking believed to be primarily instigated by two street gangs: Every Body Killas -- known as EBK -- and Lodi Murder Mobb. Avett was one of 35 people named in the EBK indictment. The Lodi Murder Mobb indictment named 27 defendants, three of which are named in both indictments.
On May 17, Freddie Gladney Jr., 55, of Oneida, the lead defendant on the EBK indictment, entered a motion for a continuance of the trial, citing the volume of discovery provided by government prosecutors that resulted from multiple wiretaps that were conducted during the investigation.
"Counsel has begun reviewing these recordings with defendant but will need additional time," the motion said. It noted that the motion is unopposed by the government.
Gladney is represented by Robby Golden of Little Rock. He is charged with conspiracy to distribute cocaine, methamphetamine and marijuana, possession of a firearm by a felon, and use of a communication facility in furtherance of a drug trafficking crime.
On May 23, Avett's attorney, Sylvester Smith III of North Little Rock, filed an objection to the continuance motion, citing a number of factors including the length of time Avett has been held in pre-trial detention and the fact that the trial has been continued once already. Multiple trial continuances are not uncommon in criminal cases as most defendants work with their attorneys to negotiate plea agreements with the government.
Avett has been detained since his arrest by law enforcement on Nov. 9 during a large-scale roundup of defendants. He was ordered to remain in pre-trial detention following a bond hearing last March after U.S. Magistrate Judge Joe Volpe rejected Avett's release plan and found him to be a flight risk and a danger to the community.
Smith wrote in the objection that all of the parties "have had ample time to prepare for trial," and that Avett "would be extremely prejudiced by a delay because he is incarcerated, the government has very little evidence against him, and he has spent his time preparing for trial and is ready to proceed."
Smith noted in the objection that Avett is entitled to a speedy trial both by the Sixth Amendment to the U.S. Constitution and by the Speedy Trial Act as set forth in 18 USC § 3161.
"The ends of justice are not served by a continuance that would further deprive the Defendant of his right to a speedy trial," Smith wrote.
Assistant U.S. Attorney Benecia Moore, a spokeswoman for the U.S. Attorney's office in Little Rock, said that occasional objections to trial continuances are filed but are rarely successful.
"I haven't heard of one succeeding," Moore said Tuesday.
She said Assistant U.S. Attorney Julie Peters, who is handling the prosecution along with Assistant U.S. Attorney Amanda Fields, will likely file a response supporting the continuance in coming days. No response was filed by Tuesday evening, according to the court docket.
According to a study by the Pew Research Center, in 2018, of the 79,704 defendants charged by the federal government in Fiscal Year 2018, 73,109 were convicted and sentenced. Of that total, the vast majority, 71,550, pleaded guilty. Of the 1,661 defendants who opted for a trial by jury, 1,424 were convicted and 237 were acquitted. Of the 218 defendants who opted to be tried by a judge with no jury present, 135 were convicted and 83 were acquitted. A total of 6,275 cases were dismissed.
According to the study, the number of jury trials plummeted from 4,710 in 1998 to 1,879 in 2018. During that same time period, guilty pleas rose from 55,913 in 1998 to 71,550 in 2018.
One explanation for the increase in guilty pleas, according to a 2018 report by the National Association of Criminal Defense Lawyers, is what is characterized as the "trial penalty," in which defendants who choose to exercise their right to a public trial typically face much stiffer penalties than those who elect to enter a plea.
In 2018, 90% of those charged in federal court negotiated plea agreements with prosecutors, up from 82% in 1998.