The wheels of justice continue to grind slowly in the case of William Gauger, the chief executive of EnCap from the early days of the plan to turn Meadowlands landfills into golf courses – and eventually thousands of condos – that was born in 1999 and died in 2008.
The federal government indicted two men related to that failed project. Former DeCotiis law firm partner Eric Wisler died before going to trial, and ex-state Sen. Wayne Bryant – who went to prison for another matter – was found not guilty of taking money for a no-show job related to EnCap.
Gauger was arrested in July 2011 and soon had bail set at $50,000 for an alleged extortion of a (now presumably former) friend in connection with an Asbury Park real estate development project unrelated to EnCap.
The actual indictment came much later – in January 2012.
U.S. District Court Judge Claire Cecchi this week granted a request by both Gauger and U.S. Attorney Preet Bharara to set a later trial date – this time it’s January 6, 2014 (which coincidentally is the Epiphany).
Why so long?
According to the court:
(1) The charges in this case are the result of a lengthy investigation, and the discovery involves a
voluminous amount of discovery that defense counsel requires adequate time to review;
(2) This case is sufficiently complex that it is unreasonable to expect adequate preparation for trial within the time limits provided by the Speedy Trial Act;
(3) The Court’s decision concerning the defendant’s motion to dismiss several counts of the indictment and motion for a bill of particulars will affect the defendant’s preparation for a trial;
(4) As a result of the foregoing, pursuant to Title 18, United States Code, Section 3161(h)(7), the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial.
I see that Cecchi last week denied Gauger’s motion for a Bill of Particulars while reserving two other decisions.
