Free Status Report - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1095

Filed 03/30/2007

Page 1 of 2

Declan Joseph O'Donnell, P.C.
ATTORNEYS AT LAW Declan J. O'Donnell E-Mail: [email protected] 777 Fifth Street Castle Rock, Colorado 80104 303 688-1193 800 632-2828 Fax: 303 663-8595

MEMORANDUM To: Mike Smith Richard Stuckey (Co-counsel)

Date: March 19, 2007

From: Declan J. O'Donnell (Lead Counsel) RE: MEDICAL COMPLICATION re DECLAN J. O'DONNELL

1. DIABETES TYPE II was diagnosed for me in 1989. It requires careful monitoring and, for me, large doses of insulin. The dangers of too low or too high blood sugar readings range from fatigue to confusion to coma. Nonetheless, after nearly 20 years I've learned to monitor my disease fairly well. However, to my dismay, at the tender age of 68, I find myself somewhat compromised by an injury to my shoulder. 2. FRACTURED SHOULDER. On February 17, 2007, while ice skating, I fell and fractured the upper extremity of my humerus bone in three places, (and that's not funny). Despite continuous medication, the pain is intense and relentless and it has caused me to limit the hours I am able to be productive at the office or stand in a courtroom. 3. MEDICINE COMPLICATIONS. By far, the more dangerous result for a trial lawyer, as well as for his client during trial, are the diabetes complications attributable to prescription medicines. As prescribed to anyone, narcotics themselves cause dizziness and/or drowsiness. For a diabetic, the use of narcotics pushes the blood sugar readings up as the body reacts to them resulting in unpredictable readings and potential complications. 4. MEDICATIONS. The medicines as prescribed to me for pain, (including narcotic medication), and for sleep, include Oxycod, Hydrocod, Tramadol, Amitriptyline, Ambien, and Flomax. These carry warnings on their label as precautions, and for a diabetic are often intensified, including "may cause drowsiness" and "may cause dizziness" and "may cause serious breathing problems" and "should avoid direct or artificial sunlight" and "cautions against driving a vehicle while on this medicine." Although these warning are precautionary, I will confess to presently feeling like the poster child for worse case scenario on occasion. 5. DOCTOR'S RECOMMENDATIONS. The shoulder's healing process and constant pain is predicted to last three months. I am one month into it. I'll know soon if surgery is needed to correct one of the fractures. If so, add another three months of recovery.

Case 1:04-cr-00103-REB-MEH

Document 1095

Filed 03/30/2007

Page 2 of 2

March 19, 2007 Page 2 of 2

Declan Joseph O'Donnell, P.C.

My doctor suggests that I limit or discontinue trial practice while on narcotics and other medication as prescribed until lower dosages are achieved and, also, my confidence and energy are restored. My ongoing medication regiment for pain and sleep has at my age, regrettably, affected my stamina and causes me concern as to whether I would be able to endure the energy and focus required for trial. Although I have not lost my faculties, I have lost my stamina to endure an eight hour day. Consequently, I recommend that co-counsel Richard Stuckey take over as lead counsel for Mike Smith's trial commencing on April 2, 2007, and I will attend as second chair. Moreover, if I do not function well as second chair, I will move to withdraw rather than make mistakes. Let's see how it goes.

s/ Declan J. O'Donnell _________________________________ Declan J. O'Donnell, #4412 Declan Joseph O'Donnell, P.C. 777 Fifth Street Castle Rock, Colorado 80104 Telephone: 303-688-1193 Fax: 303-663-8595 E-mail: [email protected] :rg Update March 30, 2007
P.S. Now we find a heart blockage ­ lower ventricle. Tests are in progress through next week. P.S.S. The embolism is ice skate fall related, presumably.