Judge William Skretny
Attempting to cross the Canadian border, Phalom was arrested, on Feb. 21, 2003, on suspicion of transporting ecstacy tablets. Released on bail on Feb. 27, he failed to appear for an Oct. 26, 2004, plea hearing. Bail was revoked and an arrest warrant issued Nov. 2, 2004. Arrested Jan. 16, 2008, Phalom was indicted for importing ecstacy into the United States from Canada, failing to declare and unload imported merchandise at the border, and failing to appear before the court on Oct. 26, 2004. Extradited Oct. 24, 2012, district court denied Phalom's Jan. 21, 2013, application to dismiss the indictment on grounds that his Sixth Amendment right to a speedy trial was violated. Such right attached upon arrest. Despite knowing Phalom's whereabouts and that he repeatedly travelled to Canada, the government offered no reasons for its inaction between Oct. 26, 2004, and the indictment's Jan. 16, 2008, filing. The court found the government negligent in its efforts to secure Phalom for trial. However, Phalom's flight, fugitive status, lack of interest in his own trial, opportunistic assertion of his right, and his inability to show prejudice resulting from delay, tipped the scales—however slightly—against a finding that his Sixth Amendment right was violated.
