Mom says Patriot Act stripped son of due process

WRAL News, Raleigh NC ^ | Apr 29 2009 | WRAL News, Raleigh NC

[Cboldt]

From the case docket sheet:

U.S. District Court Northern District of Indiana
USDC Northern Indiana (South Bend)
CRIMINAL DOCKET FOR CASE #: 3:09-cr-00080-RLM-1

07/16/2009      9       Arrest Warrant Returned Executed on 7/10/09 in case 
                        as to Ashton C Lundeby. (sdf) (Entered: 07/20/2009)

The arrest warrant is "scanned in," so doesn't lend itself to conversion to plaintext. It is dated July 9, 2009; one day after the indictment was handed down. On paper, he was arrested on July 10, two days after he was indicted.

As a formality, "arrest" and "detention" are separable items. I am still seeking, but have not found, formal details that pertain to his detention and relocation as a juvenile.

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Poking this thread - as far as I know, Ashton Lundeby has yet to be subjected to trial. Trial was scheduled for March, 2010, and sometime back then I found a report saying the trial had been rescheduled.

Without going back through all my notes, etc., I recall having basically two questions about this case. What was the government's justification for relocation of the kid from North Carolina? How does the government surmount the "speedy trial" provisions in statutory and constitutional law?

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Haven't seen any "new" news on this case.

The court memorandum below is old, and since then the trial was rescheduled, but I don't know to when, or which party requested the continuance.

Lundeby has been incarcerated since early March, 2009; was relocated 700 miles from his home; was arrested and charged as an adult in July 2009; and is awaiting trial.

  case 3:09-cr-00080-RLM   document 49  filed 12/07/2009   page 1 of 2


                  UNITED STATES DISTRICT COURT
                  NORTHERN DISTRICT OF INDIANA
                      SOUTH BEND DIVISION

UNITED STATES OF AMERICA           )
                                   )
             vs.                   )    CAUSE No. 3:09-CR-00080(01)RM
                                   )
ASHTON LUNDEBY                     )


                     MEMORANDUM OF HEARING

      A hearing was held on December 3, 2009 to set a trial date 
and to hear argument on the government's motion for pretrial 
ruling regarding the admissibility of records of regularly 
conducted activity (doc. # 28), the defendant's motion for 
computer access (doc. # 29), and the defendant's motion to 
suppress a videotape (doc. # 15). Kenneth Hays represented the 
government and Ashton Lundeby appeared pro se.

      Following discussion and argument and for the reasons 
stated in open court, the court:

      (1) DENIES the government's motion for pretrial ruling 
(doc. # 28) to the extent the government seeks to shorten the 
deadline for filing objections as provided in Local Rule 12.1. 
Pursuant to Local Rule 12.1, Mr. Lundeby must file any objections 
to the documents listed in the government's amended notice of 
intent to proceed under Local Rule 12.1 (doc. # 25, paragraphs 
1-14) at least 14 days prior to trial. "Failure to file an 
objection within this time frame shall operate as a waiver of any 
objection under Fed.R.Evid. 901 and/or any objection to the 
foundational requirements required under Fed.R.Evid. 803(6)." 
N.D. IND. L.R.12.1.

 ----

  case 3:09-cr-00080-RLM   document 49   filed 12/07/2009   page 2 of 2

      (2) DENIES Mr. Lundeby's request for computer access (doc. 
# 29). The court instructs Mr. Lundeby to identify the CDs and/or 
DVDs produced by the government that cannot be read and directs 
the government to provide Mr. Lundeby other useable disks or some 
other form of readable discovery with respect to those CDs and 
DVDs. If there are additional documents that Mr. Lundeby seeks, 
he must make a formal request to the government and if 
applicable, the government can raise objections at that time.

      (3) DENIES Mr. Lundeby's motion to suppress (doc. # 15), 
but GRANTS a motion in limine with respect to the videotape 
referred to in his motion. The government indicates that it isn't 
aware of the videotape and doesn't intend to use it at trial, but 
if that changes, the government must raise the issue of 
admissibility of the videotape outside the presence of the jury.

      (4) SETS this matter for a two-week jury trial to commence 
on March 2, 2010 at 9:30 a.m. Given the complexity of the case 
and Mr. Lundeby's need to obtain and review discovery and arrange 
subpoenas, the court finds that the ends of justice served by the 
granting of a continuance outweigh the best interest of the 
public and the defendant to a speedy trial. 18 U.S.C. Sec.
3161(h)(7).

      SO ORDERED.

      ENTERED:       December 7, 2009
                                          /s/ Robert L. Miller, Jr.
                                          Chief Judge
                                          United States District Court

                                2

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Ashton Lundeby plead guilty on October 20, 2010, and in January, 2011, was sentenced to time served. He was released on January 10, 2011. In addition to time served, he was sentenced to three years of supervised probation and $29,276.55 in restitution.

Lundeby decided not to go to trial, in part because his defense attorney (Nick Thiros) died, and moving forward would have created additional delay.

Sentencing Document (PDF) - Jan 10, 2011

Teen freed in South Bend after pleading to fake bomb threats - South Bend Tribune. Jan 10, 2011 article by Jeff Parrott.
N.C. man behind Glynn Academy bomb threat freed after guilty plea - Jacksonville Times-Union. Jan 12, 2011 article by Teresa Stepzinski.
Teen suspect in multi-state bomb threats, including Glynn Academy, to plead guilty - Jacksonville Times-Union. Oct 18, 2010 article by Teresa Stepzinski.