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 September 23, 2005, for the reasons set forth in the attached memorandum. Assistant United States Attorney William 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 19th day of September 2005. \s\ Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant
Copy of the foregoing served by ECF filing electronically this 19th day of September 2005, to: AUSA William 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

v. Jaod Dodds, Defendant.

Case 2:04-cr-00951-DGC

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

3 Firearm by a Convicted Felon. There has previously been determined in this case 4 incompetent to stand trial. The magistrate judge ordered him committed to the custody 5 of the Attorney General to determine if he could be restored to competency. Mr. Dodds 6 was sent to the Federal Bureau of Prisons in Butner, North Carolina, for that purpose. 7 After the prescribed period of time, he was returned to the District of Arizona and a 8 report was submitted to this Court later by Dr. Lucking. Dr. Lucking's report is 56 9 pages long, contains his conclusions, and contains refers, in part, to reasons for his 10 conclusions coming from telephone conversations in which he eavesdropped. 11
Defense counsel has requested the recordings from the Bureau of Prisons at

12 Butner, North Carolina, and was subsequently advised by Mr. Lockridge of the Legal 13 Department that the request would require the consent of Jaod Dodds or a family 14 member acting with authority for him. Defense counsel obtained a copy of a General 15 Power of Attorney from the defendant's brother authorizing him to act on behalf of the 16 defendant, along with a request from his brother to release the items to defense 17 counsel. Defense counsel submitted those documents to the facility at Butner, North 18 Carolina. Defense counsel has now received notice from Regional Counsel of the 19 Butner Legal Center that their view is that the recordings are still not releasable to 20 defense counsel. Their position is that further written consents from other persons and 21 itemizations are necessary before they will reconsider the issue. 22
The recordings and information were a basis used by Dr. Lucking to form his

23 opinion in this matter before this Court and thorough review of them is important to 24 the defendant's proper presentation in his defense in the competency hearing. 25 26 27 28 2

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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 19th day of September 2005.

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

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Case 2:04-cr-00951-DGC

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