All suspects are presumed innocent until proven guilty in a court of law.
The January 2 jury trial for 36-year-old Fort Washakie man Robert Brown has been continued to February 20 following the acceptance of an “ends of justice continuance,” according to federal Court documents filed on December 6.
Brown faces charges for three counts of aggravated sexual abuse and three counts of assault with intent to commit sexual abuse, for events that occurred on June 1 and June 20 of 2022 involving a minor.
Brown’s arraignment/detention hearing was held on October 31, where he pled “not guilty,” and the jury trial was initially scheduled for January 2, 2024.
Following two extensions that were accepted in November, a joint motion was also accepted by the Court on December 1 for an “ends of justice continuance,” and to “exclude time from speedy trial act time limits.”
“The Speedy Trial Act generally requires trial in federal crimes to begin within 70 days of the filing of the indictment or the defendant’s initial appearance,” Court documents explain, and the Act “sets forth an extensive list of reasons allowing for delay,” the most flexible of which being the “ends of justice continuance.”
Documents further explain that this provision allows district courts to continue trial and exclude delay from the speedy trial calculation “if the Court finds that the ends of justice served by granting the continuance outweigh the public’s and defendant’s interest in a speedy trial,” as long as the Court provides reason for granting.
The Court determined the ends of justice continuance was appropriate in this case, due to Brown’s entitlement to “the effective assistance of counsel,” which includes “the ability for the defendant to thoroughly review the discovery with his attorney so that intelligent decisions can be made regarding motions and to evaluate whether to go to trial or enter a plea.”
Additionally, Court documents state that “Defense counsel has requested additional information from the government and the government has communicated the need to investigate whether such information exists.”
“Based upon the information provided in discovery thus far, Mr. Brown may have a substantial basis to file pre-trial motions,” the documents continue.
“Further, if the requested information is provided, defense counsel will require additional time to review these materials with Mr. Brown, to conduct additional witness interviews as needed, to apprise any defense experts, and to explore whether any meritorious suppression issues exist.”
Ultimately, “the government join(ed) in this request to allow a reasonable amount of time to complete their investigation, to designate any expert witnesses, and to provide complete discovery to Mr. Brown,” due to the “ongoing nature of their investigation and need for additional time to prepare for trial.”
Following the acceptance of the joint motion for continuance, the February 20 jury trial was set.
If convicted on all counts, Brown faces 30 years to life imprisonment with five years to life of supervised release, up to a $1.5 million fine, $5,000 special assessment pursuant to the Victims of Sex Trafficking Act of 2005, and a $600 special assessment.
County 10 will provide updates on further proceedings as they become available, which can be viewed here.