Free Motion for Hearing - District Court of Colorado - Colorado

Case 1:04-cr-00066-EWN

Document 35

Filed 12/30/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00066-EWN UNITED STATES OF AMERICA, Plaintiff, v. KEVIN MICHAEL SHANAHAN, Defendant. __________________________________________________________________ DEFENDANT SHANAHAN'S MOTION FOR HEARING REQUESTING STATUS CONFERENCE __________________________________________________________________ Defendant Kevin Michael Shanahan, through his counsel, Warren R. Williamson, and the Office of the Federal Public Defender, moves the Court to schedule his case for a status conference. Counsel has no objection to the defendant's presence being excused for this hearing. Undersigned counsel is new to this case. From the indictment and discovery, it appears Mr. Shanahan is alleged to have robbed a Wells Fargo Bank in Glendale, Colorado in February of 2004. Discovery also suggests this was an unarmed, or "note job," robbery.

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Case 1:04-cr-00066-EWN

Document 35

Filed 12/30/2005

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After the robbery, Mr. Shanahan left the bank and got into a waiting cab. He was followed outside by the bank's manager who confronted Mr. Shanahan. The manager asked Mr. Shanahan to accompany him back inside. Mr. Shanahan did as he was asked and was arrested a short time later by two police officers who happened to be in the vicinity. Not long after coming to court on the instant case, it became apparent that Mr. Shanahan had some serious mental health issues that may impact his competence to stand trial. This concern led to the filing of a motion based on which, on March 17, 2004, an order for a 4241 evaluation was entered. As a result of this order, Mr. Shanahan was transferred to the MDC in Los Angeles for evaluation. The staff at the MDC found Mr. Shanahan to be mentally ill and recommended he be sent to FMC Springfield for treatment in the hopes he could be restored to competence. Mr. Shanahan was moved to Springfield, and, on May 18, 2005, this Court ordered he be forcibly medicated, if necessary, as part of his treatment there. Recently counsel was informed that Mr. Shanahan is back in Colorado, housed at Englewood. Although he has not seen any updated reports from the Bureau of Prisons, counsel assumes that Mr. Shanahan may have been returned because, after treatment at Springfield, the medical staff there has formed an opinion about Mr. Shanahan's competence to proceed with his criminal case.
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Case 1:04-cr-00066-EWN

Document 35

Filed 12/30/2005

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Assuming there has been some sort of conclusion on the competence question, it may be appropriate to convene a status conference to allow the Court and counsel to discuss what the next step in Mr. Shanahan's case should be. Respectfully submitted, RAYMOND P. MOORE FEDERAL PUBLIC DEFENDER

/S/ Warren R. Williamson Warren R. Williamson Office of the Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 E-mail: [email protected] Attorney for Defendant

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Case 1:04-cr-00066-EWN

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Filed 12/30/2005

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CERTIFICATE OF SERVICE

I hereby certify that on December 30, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David Conner, Assistant U.S.Attorney email: [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Kevin Michael Shanahan Reg. No. 88380-012 Federal Detention Center 9595 W. Quincy Ave. Littleton, CO 80123

/s/ Warren R. Williamson Warren R.Williamson Office of the Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 Fax: (303) 294-1192 [email protected] Attorney for Defendant

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