Free Motion to Continue - District Court of Arizona - Arizona

1 TIMOTHY C. HOLTZEN 2 245 W. Roosevelt St. 3 Phoenix, Arizona 85003
State Bar No. 004723 Attorney at Law

4 (602) 799-6336 5 6 7 8 United States of America, 9 Plaintiff, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COMES NOW the defendant, through undersigned counsel, and moves this Court to Continue the Competency Hearing scheduled for November 17, 2005, for the reasons set forth in the attached memorandum. Assistant United States Attorney Bill Solomon has no objection to this motion. It is expected that excludable delay under Title 18 U.S.C. §3161(h)(1)(F) and (8)(A) will occur as a result of this motion or from an order based thereon. RESPECTFULLY SUBMITTED this 15th day of November 2005. \s\ Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant
Copy of the foregoing served by ECF filing electronically this 15th day of November 2005, to: AUSA Bill Solomon Copy mailed to: Jaod Dodds

Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) No. CR-04-951-PHX-DGC MOTION TO CONTINUE COMPETENCY HEARING (Second Request)

v. Jaod Dodds, Defendant.

Case 2:04-cr-00951-DGC

Document 31

Filed 11/15/2005

Page 1 of 3

1 2

MEMORANDUM Defendant Jaod Dodds has been charged with the offense of Possession of a

3 Firearm by a Convicted Felon. The defendant was previously found incompetent to 4 stand trial in this case and committed to the custody of the Attorney General to 5 determine if he could be restored to competency. Dodds was sent to the Federal Bureau 6 of Prisons in Butner, North Carolina, for that purpose. After the prescribed period of 7 time, he was returned to the District of Arizona and a report was submitted to this 8 Court later by Dr. Lucking. Dr. Lucking's report is 56 pages long, contains his 9 conclusions and materials upon which he relied for preparation of his report. Those 10 materials included copies of Phoenix Police Department reports, a tape recording, and 11 handwritten materials from uncharged events or conduct, as well as recorded telephone 12 conversations at the federal facility, upon which Dr. Lucking eavesdropped. 13
Defense counsel has made efforts, both directly to the medical facility and

14 through the U.S. Attorney assigned to this case, and is still making efforts to obtain 15 copies of the eavesdropped prison facility telephone recordings. 16
Meanwhile, defense counsel sought copies of the police reports and other

17 materials from the Assistant U.S. Attorney and recently learned that he did not provide 18 them to the doctor and does not have copies of the materials. The defense is seeking 19 those other materials upon which the doctor relied and also conducting further 20 investigation in preparation for the competency hearing and more time is needed to 21 obtain those materials and complete that investigation. 22 / / / 23 / / / 24 / / / 25 / / / 26 27 28 2

Case 2:04-cr-00951-DGC

Document 31

Filed 11/15/2005

Page 2 of 3

1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Therefore, the defendant moves this Court to continue the competency hearing

2 for approximately 30 days in order for the defendant to resolve this matter.
RESPECTFULLY SUBMITTED this 15th day of November 2005.

\s\ Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant

3

Case 2:04-cr-00951-DGC

Document 31

Filed 11/15/2005

Page 3 of 3