US judge denies Devyani’s request to extend Jan 13 hearing deadline

http://www.thehindu.com/news/international/world/us-judge-denies-devyanis-request-to-extend-hearing-deadline/article5556676.ece?homepage=true

In a major setback to Indian diplomat Devyani Khobragade, a federal judge has denied her request to extend the January 13 deadline for a preliminary hearing, the date by which she has to be indicted.
Magistrate Judge Sarah Netburn of the U.S. District Court for the Southern District of New York said adjournment of the date will not grant her the “relief she seeks” regarding plea negotiations between her and the government to resolve the visa fraud case.
An indictment or information charging the defendant with the commission of an offence must be filed within 30 days of the date of the defendant’s arrest or service of a summons in connection with such charges, she said in her order.
Any adjournment of the preliminary hearing date will not have any impact on the filing of the indictment.

“The defendant has requested only that the preliminary date be adjourned for 30 days for good cause shown... Because a modification of the hearing date will not itself alter the time period for the filing of an indictment or information, the defendant’s concerns regarding the pressures of an impending indictment on plea negotiations will not grant her the relief she seeks.”

“Therefore, good cause has not been demonstrated, and the defendant’s request for an adjournment of the preliminary hearing date is Denied,” Ms. Netburn said in her three-page order issued late on Wednesday.
She said since Ms. Khobragade was arrested on December 12, 2013, she “must be indicted (or an information by the government must be filed against her)” by January 13.
“Therefore, an extension of the preliminary hearing date ...will not relieve the pressure identified by the defendant. Moreover, the defendant cannot extend Speedy Trial time limits merely by filing a waiver.”
“The Speedy Trial Act is not solely a protection for the defendant,” Netburn said in her judgement, “it is also designed to serve the public’s interest in a speedy trial of those charged with federal criminal offences.”
The order means the indictment against Ms. Khobragade will now have to filed before or on January 13.
Her lawyer Daniel Arshack had sought postponement of the preliminary hearing date and extension of the indictment deadline by 30 days “to and including February 12, 2014”.
He had said that the extension is being sought in order to facilitate the plea discussions that have been ongoing between his office and Ms. Khobragade.
Ms. Netburn ruled that “an adjournment of the preliminary hearing date will not grant the defendant the relief she (Khobragade) seeks”.
A 1999-batch IFS officer, Ms. Khobragade was arrested on charges of making false declarations in a visa application for her maid Sangeeta Richard. She was released on a $250,000 bond.

FluteHolder wrote:http://www.thehindu.com/news/international/world/us-judge-denies-devyanis-request-to-extend-hearing-deadline/article5556676.ece?homepage=true

In a major setback to Indian diplomat Devyani Khobragade, a federal judge has denied her request to extend the January 13 deadline for a preliminary hearing, the date by which she has to be indicted.
Magistrate Judge Sarah Netburn of the U.S. District Court for the Southern District of New York said adjournment of the date will not grant her the “relief she seeks” regarding plea negotiations between her and the government to resolve the visa fraud case.
An indictment or information charging the defendant with the commission of an offence must be filed within 30 days of the date of the defendant’s arrest or service of a summons in connection with such charges, she said in her order.
Any adjournment of the preliminary hearing date will not have any impact on the filing of the indictment.

“The defendant has requested only that the preliminary date be adjourned for 30 days for good cause shown... Because a modification of the hearing date will not itself alter the time period for the filing of an indictment or information, the defendant’s concerns regarding the pressures of an impending indictment on plea negotiations will not grant her the relief she seeks.”

“Therefore, good cause has not been demonstrated, and the defendant’s request for an adjournment of the preliminary hearing date is Denied,” Ms. Netburn said in her three-page order issued late on Wednesday.
She said since Ms. Khobragade was arrested on December 12, 2013, she “must be indicted (or an information by the government must be filed against her)” by January 13.
“Therefore, an extension of the preliminary hearing date ...will not relieve the pressure identified by the defendant. Moreover, the defendant cannot extend Speedy Trial time limits merely by filing a waiver.”
“The Speedy Trial Act is not solely a protection for the defendant,” Netburn said in her judgement, “it is also designed to serve the public’s interest in a speedy trial of those charged with federal criminal offences.”
The order means the indictment against Ms. Khobragade will now have to filed before or on January 13.
Her lawyer Daniel Arshack had sought postponement of the preliminary hearing date and extension of the indictment deadline by 30 days “to and including February 12, 2014”.
He had said that the extension is being sought in order to facilitate the plea discussions that have been ongoing between his office and Ms. Khobragade.
Ms. Netburn ruled that “an adjournment of the preliminary hearing date will not grant the defendant the relief she (Khobragade) seeks”.
A 1999-batch IFS officer, Ms. Khobragade was arrested on charges of making false declarations in a visa application for her maid Sangeeta Richard. She was released on a $250,000 bond.

>>>This has become a case of the blind men and the elephant, with each party looking at it solely from its particular angle. The end result is going to be a serious setback in the relationship between the two countries. Strangely, it is not the pursuit of DK on the alleged crimes that has led to this, but rather how it has been executed. If this had been outside the media's eyes and without the drama of the public arrest and the strip search, the reaction would have been much more muted. It would have pretty much come down to the immunity issue. If there was no immunity at the time of the arrest, India would not have grounds to protest the trial and even a guilty verdict could have been managed by the US. That opportunity has been lost now.

That opportunity has been lost now.
>>>
I think so too. It is someone fighting an Elephant in its territory without any defense. I would not have sympathy for this woman though her situation is really bad. Most likely she may have to leave US and not able to set foot again.