Free Motion for Order - District Court of California - California

Case 3:08-cr-02261-BTM

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Filed 04/10/2008

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STEVEN E. FELDMAN California Bar No. 56979 LAW OFFICES OF STEVEN E. FELDMAN 934 23rd Street San Diego, CA 92102 (619) 232-8649 Attorney for Defendant GERADO GONZALEZ-CHAVEZ

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HON. WILLIAM B. MCCURINE) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08MJ0927 EX PARTE APPLICATION FOR ORDER PERMITTING DEFENSE COUNSEL TO OBTAIN MEDICAL AND PSYCHIATRIC INFORMATION FROM THE METROPOLITAN CORRECTIONAL CENTER REGARDING THE PRESENT MENTAL AND PHYSICAL STATUS AND TREATMENT OF HIS CLIENT, GERADO GONZALEZ-CHAVEZ

10 UNITED STATES OF AMERICA, 11 12 v. 13 14 Defendant. Plaintiff,

15 GERADO GONZALEZ-CHAVEZ 16 17

I, Steven E. Feldman, am appointed counsel for defendant Gerardo Gonzalez-Chavez. I submit 18 this ex-parte application for an order requiring the Metropolitan Correctional Center, through its legal 19 counsel, to communicate with me concerning the mental and physical status of his client. 20 Counsel is appointed pursuant to the Criminal Justice Act and has sought to obtain from the 21 Metropolitan Correctional Center information concerning the mental and physical status of his client. 22 Counsel has spoken by telephone with Metropolitan Correctional Center Senior Counsel, Nellie 23 Torres Klein, and has been advised that the Metropolitan Correctional Center will not provide to me 24 access to my client's medical information at this time. I have advised Ms. Torres Klein, as well as the 25 court today, that I believed that there may be a competency issue regarding my client. 26 For the information of the court, today, April 10, 2007, was the first appearance for my client Mr. 27 Gonzalez-Chavez. Immediately prior to the court taking the bench, there was a delay in the courtroom 28 and I later, through speaking with Marshall's personnel, learned that my client had suffered a seizure. 1

Case 3:08-cr-02261-BTM

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Filed 04/10/2008

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1 This information was put on the record and the matter has now been continued until next Tuesday, April 2 15, 2008, at 9:30 a.m. before this court. 3 Following my court appearance today, I contacted the Metropolitan Correctional Center Medical

4 Unit, and was advised that I must speak with legal counsel. I thereafter spoke with Ms. Torres Klein and 5 was advised that I would need an order of the court to gain access to the information I was seeking. 6 In order for me to competently discharge my duties as defense counsel, I believe that I must

7 obtain information from medical staff at the Metropolitan Correctional Center where my client is 8 presently housed. Because there may be a competency issue, I believe that a court order is an appropriate 9 mechanism to utilize to allow me access to this necessary information concerning my client. 10 I am therefore requesting that the court issue an order permitting the Metropolitan Correctional

11 Center, and its legal counsel, Nellie Torres Klein, to speak to me and to provide to me all details and 12 records concerning my client's medical and psychiatric/psychological information. In the absence of such 13 an order, I do not believe that the Metropolitan Correctional Center will provide to me the requested 14 information. 15 I have spoken with Nellie Torres Klein and she has advised that she does not object to the issuance

16 of such an order. 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: April 10, 2008 Respectfully submitted,

s/Steven E. Feldman Attorney for Mr. Gonzalez-Chavez [email protected]

08mj0927

Case 3:08-cr-02261-BTM

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 on the following parties by electronically filing the foregoing with the Clerk of the District Court using 21 its ECF System, which electronically notifies them. 22 23 24 25 26 Executed on April 10, 2008 27 28 s/Steven E. Feldman Attorney for Defendant GONZALEZ-CHAVEZ [email protected] Douglas Keehn Esq. Assistant United States Attorney 880 Front Street, Room 6293 San Diego, California 92101 I declare under penalty of perjury that the foregoing is true and correct. IT IS HEREBY CERTIFIED THAT: I, STEVEN E. FELDMAN, am a citizen of the United States and am at least eighteen years of age. My business is located at 934 23rd Street, San Diego, California 92102. I am not a party to the above-entitled action. I have caused service of the: EX PARTE APPLICATION FOR ORDER PERMITTING DEFENSE COUNSEL TO OBTAIN MEDICAL INFORMATION FROM M.C. REGARDING HIS CLIENT, v. GERARDO GONZALEZ-CHAVEZ Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Criminal Case No. 08mj0927 CERTIFICATE OF SERVICE

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