Free Response to Motion - District Court of Arizona - Arizona

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JOSEPH S. VAN BOKKELEN United States Attorney Northern District of Indiana CLARENCE BUTLER, JR. Special Assistant U.S. Attorney Illinois State Bar No. 06193627 5400 Federal Plaza, Suite 1500 Hammond, Indiana 46320 [email protected] Telephone (219) 937-5500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, Plaintiff, v. James D. Perino, Defendant.

No. cr-04-1071-phx-fjm
GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO EXTEND TIME FOR DEFENSE TO RESPOND TO GOVERNMENT'S MOTION TO REQUEST MEDICAL EXAMINATION OF DEFENDANT

The United States of America, by and through counsel undersigned, hereby submits the

17 Government's Response To Defendant's Motion To Extend Time For Defense To Respond To 18 Government's Motion To Request Medical Examination Of Defendant in the above-captioned 19 matter. 20 The undersigned SAUSA Clarence Butler, Jr. has been on extended medical leave since 21 August 29, 2005 until September 9, 2005, and has been receiving medical care as of the filing 22 of this motion. Defense Counsel Donna Elm filed a motion with this Court during the 23 aforementioned period in which the undersigned was out of the office on extended medical 24 leave. Consequently, due to the undersigned receiving medical care to explore hip replacement 25 surgery alternatives with physicians at Rush Medical Center, Northwestern Orthopedics, and the 26 University of Chicago Hospital, the undersigned was not in the office to either read or respond 27 to the defense motion or phone calls. The undersigned did attempt to notify both this Honorable 28 Court, as well as defense counsel via phone from the hospital when the undersigned became

Case 2:04-cr-01071-REJ

Document 28

Filed 09/15/2005

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1 aware of said motion. The undersigned also responded to a voice mail message from the staff 2 of this Honorable Court directing the undersigned to contact Defense Counsel Elm. These 3 messages were left for the undersigned while the undersigned was on extended medical leave 4 and undergoing medical treatment at the University of Chicago Hospital The undersigned left 5 two voice mail messages with this Honorable Court and spoke with Defense Counsel Elm on 6 two occasions advising her of the undersigned's medical situation. Attempts were made to file 7 this motion earlier, however, the Phoenix District Court Clerk's Office would not accept our 8 prepared paper copy, and the undersigned was not aware of the electronic filing requirement 9 within Arizona's District and consequently was not registered in CF/ECF in the District of 10 Arizona. Accordingly, this afternoon we received confirmation of the undersigned's registration 11 and was issued a login and password to access CF/ECF. 12 Accordingly, the Government concurs with the defense motion pursuant to Local Rule

13 1.10(j), Rules of U.S. District Court, District of Arizona in the interest of expediency and 14 judicial economy the parties are working toward a joint position relative to an agreement on 15 issues involving the psychological and medical examination of the defendant. 16 17 18 19 20 21 22 23 24 A copy of the foregoing e-mailed via CM/ECF this 15th day of September, 2005, to: 25 Donna Lee Elm 26 Federal Public Defender Office 850 W. Adams Street, Ste. 201 27 Phoenix, AZ 85007 28
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Respectfully submitted this

15th

day of September, 2005. JOSEPH S. VAN BOKKELEN United States Attorney Northern District of Indiana S/Clarence butler, Jr. CLARENCE BUTLER, JR. Special Assistant U.S. Attorney

Case 2:04-cr-01071-REJ

Document 28

Filed 09/15/2005

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