Free Motion for Leave to File - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1025

Filed 02/28/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. NORMAN SCHMIDT,

Defendants.

MOTION FOR LEAVE TO FILE MOTION FOR SEVERANCE

Defendant, Norman Schmidt, by his counsel of record, Peter R. Bornstein and Thomas J. Hammond, moves this Court for a leave of Court to file a Motion for Severance. As grounds in support of his Motion, Defendant Schmidt states to the Court as follows: 1. Defendant makes this Motion pursuant to the warnings to counsel implicit in

the decision of Kolod v. United States, 371 F.2d 983, 990-991 (10th Cir. 1967). In that case, failure to give early warning prejudiced the rights of the accused. 2. By filing a Motion for Severance at this pretrial stage, Defendant Schmidt is

placing the Court on notice that he will likely be making a Motion for Mistrial/Severance during the defense case after one or more of the Defendants takes the stand and points the proverbial finger at Defendant Schmidt. See United States v. Blankenship, 382 F.3d 1110, fn 20 (11th Cir. 2004). 3. Defendant is well aware that the time for the filing of pretrial motions is

passed. However, as trial nears and conferences have been held with counsel for the

Case 1:04-cr-00103-REB

Document 1025

Filed 02/28/2007

Page 2 of 3

other Defendants, it appears prudent to file this pretrial motion to give the Court advance notice and a chance to consider alternative procedures. Counsel for Schmidt desires to make a written record on this subject. 4. Defendant Schmidt files with this Motion for Leave his Motion for Severance

with the supporting authority. Respectfully submitted this 28th day of February, 2007. THE LAW OFFICES OF PETER R. BORNSTEIN

s/ Peter R. Bornstein Peter R. Bornstein The Law Offices of Peter R. Bornstein 1600 Broadway, Suite 2300 Denver, CO 80202 Telephone: 303-861-2500 Facsimile: 303-861-0420 E-mail: [email protected] Attorney for Defendant Norman Schmidt THOMAS J. HAMMOND , P.C. s/ Thomas J. Hammond Thomas J. Hammond Thomas J. Hammond, P.C. 1544 Race Street Denver, CO 80206 Telephone: 303-321-7902 Facsimile: 303-329-5871 E-mail: [email protected] Attorney for Defendant Norman Schmidt

2

Case 1:04-cr-00103-REB

Document 1025

Filed 02/28/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 28th day of February, 2007, I electronically filed the foregoing Motion for Leave to File Motion for Severance with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Matthew T. Kirsch, Esq. Wyatt B. Angelo, Esq. Assistant U.S. Attorneys [email protected] [email protected] [email protected], [email protected] [email protected] Ronald Gainor, Esq. [email protected] Thomas E. Goodreid, Esq. [email protected] Thomas J. Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected] Mitchell Baker, Esq. [email protected] Richard K. Kornfeld [email protected] Richard N. Stuckey [email protected]

s/ Heather M. Bolton Heather M. Bolton, Legal Assistant to Peter R. Bornstein

3