The attorney explained that due to technical difficulties being experienced in accessing files sent by the prosecutors, Fahie’s defence team is unable to meet the deadline initially set for today, June 22, to file pre-trial motions.
During the course of a recent Nebbia hearing for Fahie, Van Vliet told the court that the government had not provided discovery of materials to the defence as yet. She said at the time that this was because of some unanticipated delays they experienced.
In her latest filing to the court this week, Van Vliet said the defence team only received the government’s discovery last Friday, June 17 — nine days later than initially required.
Since then, the defense has made continuous efforts to download and copy the materials so that Fahie could review the contents.
“That process is incomplete owing to technical difficulties in downloading a certain file of data that purports to contain extracts of phones and computers,“ Van Vliet told the court.
Fahie’s attorney further said in the court filing that she contacted the government’s attorney regarding the technical issue, but has not yet received a response.
According to the attorney, this meant that the defence was unable to file any anticipated request for a continuance of the currently set trial date until there is access to the discovery.
Under the circumstances, she requested that all currently set deadlines be stayed for 14 days from the date that Fahie is able to gain access to the government’s discovery. This request is to afford reasonable time to propose a pre-trial schedule and trial setting.
Van Vliet also told the court that the prosecution did not object to the defence filing for an extended deadline.
If the extension is agreed to by the judge, Fahie’s trial may likely be pushed back to a later time than the initial July 18 date.
Fahie was arrested on April 28 following a Drug Enforcement Administration (DEA) sting operation. He was arrested along with his co-accused Oleanvine Maynard and her son, Kadeem Maynard. The trio faces charges of conspiracy to import five kilograms or more of cocaine and conspiracy to launder money.