Free Motion to Continue - District Court of Arizona - Arizona

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Attorney At Law 45 West Jefferson, Suite 412 Phoenix, Arizona 85003 602/254-8861 Attorney for Defendant

RICHARD D. GIERLOFF, #6350

UNITED STATES DISTRICT COURT STATE OF ARIZONA, DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, Plaintiff, vs. ZERESH THORNBURG, et. al., Defendants. ) ) ) ) ) ) ) ) ) ) NO. CR04-1058-006-PHX-FJM MOTION TO CONTINUE STATUS CONFERENCE, TRIAL DATE AND DEADLINE FOR FILING MOTIONS

COMES NOW the defendant, Zeresh Thornburg, by and through counsel undersigned, and respectfully moves this Court for an Order continuing the Status Conference presently set in this matter for Monday, August 29, 2005 at 4:00 p.m., the Trial Date presently scheduled for September 7, 2005 at 9:00 a .m. for a period of sixty (60) days, and extending the Deadline for Filing Pretrial Motions for a period of sixty (60) days, subject to the court's calendar and based upon the following facts: 1. The defendant is charged by Indictment with 4 Counts of Armed Bank Robbery,

4 Counts of Brandishing a Firearm, 3 Counts of Bank Robbery and 1 Count of Conspiracy along with several co-defendants. 2. Counsel for Defendant Thornburg has just substituted in as counsel and received

the voluminous discovery in this matter. Counsel has been informed by Defendant that there is approximately 1500 pages of discovery in this matter. To date counsel has received 540 pages of discovery. It is unknown to counsel whether the estimated page number of 1500 is inaccurate or whether additional discovery will be forthcoming.

Case 2:04-cr-01058-FJM

Document 44

Filed 08/19/2005

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3.

The Defendant is in custody.

Undersigned counsel has contacted Assistant United States Attorney Kurt Altman regarding this Motion to Continue and Mr. Altman has expressed no objection to a continuance of this matter. Counsel has also spoken to counsel for the co-defendants in this matter and they have expressed no objection to a continuance in this matter. This motion is made in good faith and will serve the public's interest in that providing the defendant(s) 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, taking into account the exercise of due diligence. A continuance outweighs the bests interest of the public and the defendant in a speedy trial. It is anticipated that excludable delay under Title 18 U.S.C. §31-61(h)(1)(F) may occur as a result of this Motion or Orders based thereon. Respectfully submitted this day of August, 2005

By

Richard D. Gierloff, Attorney

The foregoing has been electronically filed this day of August, 2005, with the United States District Court with copies forwarded to: The Honorable Frederick J. Martone Judge of the US District Court Kurt Altman United States Attorney 40 N. Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Counsel for All Co-Defendants

Case 2:04-cr-01058-FJM

Document 44

-2Filed 08/19/2005

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