This afternoon, I filed a motion for the Boeing 737 MAX crashes victims' families whom I represent in the criminal case against Boeing. As readers of the blog will recall from my earlier posts (e.g., here, here, and here), Boeing previously agreed to plead guilty to the charge of conspiring to defraud the FAA in connection with the safety of its 737 MAX aircraft. Boeing's criminal conspiracy caused two plane crashes, killing 346 passengers and crew in what the federal district court judge handling the case (O'Connor, J.) has described as the "deadliest corporate crime in U.S. history." According to recent media reports, Boeing is now trying to walk back from its earlier plan to plead guilty. Judge O'Connor has set a trial date of June 23.
In today's motion, I argue that the Crime Victims' Rights Act (CVRA) entitles the victims' families to know in advance whether Boeing truly intends to go to trial. Here's the introduction to my motion:
Naoise Connolly Ryan et al. (the "victims' families" or "families") … respectfully file this motion for the Court to set a deadline for any proposed plea agreement or other pre-trial resolution—e.g., an Ellis deadline. See United States v. Ellis, 547 F.2d 863, 864 (5th Cir. 1977) ("The [district] court [has] the prerogative to make and strictly enforce a deadline on plea bargaining.")). The families respectfully request an Ellis deadline of May 5, 2025. On the unique facts of this case, such a deadline is required to protect the victims' families' rights under the Crime Victim's Rights Act (CVRA) to be treated with fairness, to be free from unreasonably delayed proceedings, and to not be excluded from any trial. See 18 U.S.C. § 3771(a)(3), (7), (8). Grieving families need advance notice of whether this case is really going to trial so that they can begin the process of preparing to exercise their right to attend the trial. Also, an Ellis deadline will permit the Court to properly discharge its duty to review—and accept or reject—any proposed pre-trial resolution.
