U.S. v. Connolly, No. CR. 99-10428-JLT-01.

CourtUnited States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
Writing for the CourtCollings
Citation206 F.Supp.2d 187
PartiesUNITED STATES of America, v. John J. CONNOLLY, Jr.
Docket NumberNo. CR. 99-10428-JLT-01.
Decision Date24 June 2002
206 F.Supp.2d 187
UNITED STATES of America,
v.
John J. CONNOLLY, Jr.
No. CR. 99-10428-JLT-01.
United States District Court, D. Massachusetts.
June 24, 2002.

Page 188

Tracy A. Miner, R. Robert Popeo, George W. Price, Mintz, Levin, Cohen, Ferris, Glovsky & Popeo, P.C., Boston, MA, for John J. Connolly, Jr.

Jonathan M. Albano, Bingham, Dana & Gould, Boston, MA, for Globe Newspaper Co.

M. Robert Dushman, Brown, Rudnick, Freed & Gesmer, Boston, MA, for Boston Herald.

William Nardini, Justice Task Force, Boston, MA, for U.S.

MEMORANDUM AND FINAL ORDER ON MOTION OF BOSTON HERALD TO INTERVENE AND TO VACATE IMPOUNDMENT ORDER (# 595)

COLLINGS, United States Magistrate Judge.


It is ORDERED that the Motion of Boston Herald to Intervene and to Vacate Impoundment Order (# 595) be, and the same hereby is, DENIED to the extent that the Boston Herald seeks an Order unsealing documents # # 361, 362 and 364 in the above-styled cause. The documents were provided by the defendant in order for the Court to determine whether or not the defendant was financially unable to afford the expense of counsel he had retained and, if the defendant's financial inability was determined, to appoint an attorney to represent him in further proceedings in the case.

Page 189

A defendant who can afford to retain counsel is not entitled to have counsel appointed. However, if, during the litigation, the defendant's "reasonably available financial resources are exhausted," he may request that counsel be appointed pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A et seq. ("CJA"). United States v. Knott, 142 F.Supp.2d 468, 470-71 (S.D.N.Y.2001). However, the request must "... contain a statement signed under penalty of perjury setting forth the defendant's assets and liabilities as well as his monthly income and expenses." Id. at 471. The statement usually is made on a standard form, CJA Form 23,1 on which the defendant provides specific requested information.

This is the procedure which took place in the instant case. Documents # # 361 and 362 are the CJA Forms 23 which the defendant submitted; document # 364 is a statement of the amount which the defendant owed his retained counsel for services rendered in the instant case as of the date he requested appointed counsel. After reviewing the three documents, the Court issued an Order on Motion for Appointment of Counsel on March 11, 2002 and which is denoted document # 366 on the docket.

Documents # # 361, 362 and 364...

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1 practice notes
  • In re Boston Herald, Inc., No. 02-2340.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • February 25, 2003
    ...to intervene. In a written order of June 24, 2002 he denied the Herald's motion to vacate the sealing order. United States v. Connolly, 206 F.Supp.2d 187, 188 (D.Mass.2002). On July 29, 2002, the district court overruled the Herald's objections to the magistrate judge's A. Appellate Jurisdi......
1 cases
  • In re Boston Herald, Inc., No. 02-2340.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • February 25, 2003
    ...to intervene. In a written order of June 24, 2002 he denied the Herald's motion to vacate the sealing order. United States v. Connolly, 206 F.Supp.2d 187, 188 (D.Mass.2002). On July 29, 2002, the district court overruled the Herald's objections to the magistrate judge's A. Appellate Jurisdi......

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