Free Motion to Continue Trial - District Court of Arizona - Arizona

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FEOLA & TRAICA
A PROFESSIONAL CORPORATION ATTORNEYS and COUNSELLORS at LAW

2800 N. Central Avenue, Suite 1400 Phoenix, Arizona 85004-1045 [email protected] _____________

(602) 277-7473 Fax (602) 274-2129

David L. Lockhart State Bar No. 018475 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. MICHAEL CRAIG ANDERSON, Defendant. No. CR 04-01281-001-PHX-DGC MOTION TO CONTINUE TRIAL (Sixth Request)

DEFENDANT MICHAEL CRAIG ANDERSON, by and through undersigned counsel, respectfully moves this Honorable Court for an Order continuing the trial date presently scheduled for February 14, 2006 for a period of no less than sixty (60) days subject to the Court's calendar for the foregoing reasons: This case involves two (2) defendants, each alleged to have committed multiple counts of Conspiracy to Commit Bribery, Bribery, Conspiracy to Import Cocaine, Conspiracy to Import Marijuana, Money Laundering, Filing a False Return, Evasion of Assessment and Forfeiture Allegation. Undersigned is still in the process of diligently reviewing voluminous discovery. In fact, as recently as January 10, 2006, undersigned received another voluminous packet of discovery from the government. This packet of discovery appears to be in excess of one hundred (100) pages. Obviously, undersigned requires additional time to review the recently disclosed discovery.

Case 2:04-cr-01281-DGC

Document 75

Filed 01/13/2006

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This is a complex tax case. Undersigned is still continuing to digest all of the materials disclosed to date and research the applicable case law in preparation of a defense at trial. Approximately three (3) weeks ago, undersigned was finally able to review a number of the documents that had been organized by the court appointed paralegal, Laurieane Litzau. Further, there are a number of possible motions in limine that may need to be prepared and filed. Undersigned has been arduously preparing this matter for trial the past three (3) to four (4) weeks, including weekends, to the point of exhaustion. Trial preparation has included, but is not limited to, attending multiple meetings at the United States Attorney's Office with the assigned Assistant United States Attorneys, John Boyle and Mary Beth Pfister, attending meetings with client and co-defendant counsel, Patricia Gitre and repeatedly reviewing and re-organizing the discovery for use during the trial. Quite candidly, undersigned is a one man firm who is expending a great deal of time and energy preparing this matter for trial. Unfortunately, this work schedule is starting to affect undersigned's health and well-being. The Court should be aware that undersigned suffers from myasthenia gravis, a rare auto-immune disorder. One of the common side effects of this disorder is diplopia ("double-vision") and ptosis (or "drooping") of the eyelids. Although controlled by medication, the onset of diplopia and ptosis is caused when a myasthenic experiences exhaustion or lack of adequate rest. As a result of undersigned's diligent preparation of this matter for trial, he is beginning to experience the onset of diplopia. It is with almost absolute certainty that the symptoms of ptosis will begin to manifest themselves should undersigned not be able to adequately rest. Should undersigned not be able to get sufficient rest prior to and during trial, there is no question that the representation of defendant is this matter will be greatly affected. Undersigned avows that he has contacted Assistant United States Attorneys, John Boyle and Mary Beth Pfister, regarding their positions to this motion. Undersigned avows that Mr. Boyle and Ms. Pfister object to the Court granting the relief requested herein.

FEOLA & TRAICA, P.C.

10
2800 N. Central Ave., Suite 1400 Phoenix, Arizona 85004-1045

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Undersigned avows that he has contacted Patricia Gitre, counsel for co-Defendant, Gina Anderson, and she has no objection to a continuance of this matter. In fact, undersigned has been credibly informed that Ms. Gitre will also be filing a Motion to Continue the trial date for some of the same reasons stated herein. This motion is made in good faith and will serve the public's interest in that providing defendants with effective representation is necessary to insure fairness and protect the defendants' constitutional rights. A continuance will insure counsel for both the government and the defendants the reasonable time necessary for effective preparation. Indeed, a continuance outweighs the best interests of the public and the defendants' speedy trial rights. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A); (B)(iv) and (h)(1)(f) may result from this motion or from an order based thereon. THEREFORE, based on the foregoing, defendant, by and through undersigned counsel, respectfully requests that this Honorable Court enter an Order extending the pretrial motion deadline for a period of sixty (60) days and continuing the trial for a period of sixty (60) days from February 14, 2006, subject to the Court's calendar. RESPECTFULLY SUBMITTED this 13th day of January, 2006. FEOLA & TRAICA, P.C.

FEOLA & TRAICA, P.C.

10
2800 N. Central Ave., Suite 1400 Phoenix, Arizona 85004-1045

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By

s/ David L. Lockhart David L. Lockhart, Esq. 2800 N. Central Avenue Suite 1400 Phoenix, AZ 85004 Attorneys for Defendant

CERTIFICATE OF SERVICE I certify that on January 13 , 2006, I electronically transmitted this document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

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1 2 3 4 5 6 7 8 9 John Z. Boyle, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Mary Beth Pfister, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Patricia Gitre, Esq. 331 N. First Avenue, Suite 150 Phoenix, Arizona 85003 Attorney for co-Defendant Gina Anderson

FEOLA & TRAICA, P.C.

10
2800 N. Central Ave., Suite 1400 Phoenix, Arizona 85004-1045

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