Free Motion for Interim Payment - District Court of Connecticut - Connecticut

Case 3:02-cr-00007-JBA

Document 1400

Filed 11/02/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA VS. FAUSTO GONZALEZ

: : :

CRIM. NO. 3:02CR007(JBA)

NOVEMBER 1, 2005

MOTION FOR PERMISSION TO SUBMIT ONE INTERIM VOUCHER AT DEATH PENALTY RATES. The undersigned, counsel for Fausto Gonzalez, hereby moves the Court for permission to submit one interim voucher at the CJA death penalty rates in this matter for the following reasons: (1) I was appointed to represent Fausto Gonzalez in this matter, pursuant to the Criminal Justice Act, in February of 2005. (2) Since being appointed I have spent a significant amount of time reviewing the 30 plus boxes of discovery I received from Attorney Sadin, and in preparing and filing, on July 18, 2005, a memorandum in support of Mr. Gonzalez's motion for a new trial. (3) I have recently acquired a partner in the practice of law, W. Ted Koch, III, [my son] and it becomes an economic issue to spend time, over 9 or more months, without being paid or reimbursed for costs. (4) For these reasons, I respectfully requests permission to submit one interim CJA voucher in this matter. (5) Mr. Gonzalez was previously represented by two (2) attorneys, Robert Casale, Esq. and Shelly Sadin, Esq. Since the government sought to condemn Mr.

Case 3:02-cr-00007-JBA

Document 1400

Filed 11/02/2005

Page 2 of 3

Gonzalez to death, Mr. Gonzalez's lawyers were paid in accordance with the CJA death penalty rates. (6) I was advised by the Chief Deputy Clerk, Victoria Minor, to seek clarification from Your Honor as to which rate to charge for services rendered pursuant to the CJA in this case. (7) Even though I am only one attorney, the case remains a death penalty case, according to the Chief Deputy Clerk and a CJA-30 voucher must be submitted . Further, if Mr. Gonzalez were successful on appeal in obtaining a new trial, the government would have the option of seeking the death penalty again at a re-trial. (8) For the foregoing reasons, I respectfully request permission to submit one interim voucher at the rates applicable in a death penalty case.

Respectfully submitted,

By_____________________________ William T. Koch, Jr., Fed Bar ct#04781 151 Brush Hill Road Lyme, CT 06371 (860) 434-3060/Fax (860) 434-9483

Case 3:02-cr-00007-JBA

Document 1400

Filed 11/02/2005

Page 3 of 3

CERTIFICATION OF SERVICE I certify that I mailed a copy of the motion for interim payments to the following on November 1, 2005: Office of the U.S. Attorney ATT: David A. Ring, AUSA 157 Church Street 23rd Floor New Haven, CT 06510 U.S. District Court ATT: Chambers of Judge Arterton 141 Church Street New Haven, CT 06510 By__________ _________________________ William T. Koch, Jr.