Prosecutors maintain that all the defendants should be tried together, citing efficiency and fairness.
Most of the other defendants have filed motions to be tried alone or in smaller groups, but prosecutors noted that those defendants have not waived their rights to file their own speedy trial demands. The deadline for that is Nov. 5, and if such demands were filed it would trigger one or more trials starting within the two-month court term that begins Nov. 6, with the trial for Chesebro and Powell likely still underway.
Requiring defendants to waive their speedy trial right as a condition to separate their case “would prevent the logistical quagmire described above, the inevitable harm to victims and witnesses, and the risk of gamesmanship,” prosecutors wrote. Additionally, they argued, defendants who say they want to be tried separately because they won’t be ready by Oct. 23 should have to inform the court when they expect to be ready for trial.
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