Free Motion for Discovery - District Court of Arizona - Arizona

Carmen L. Fischer Attorney at Law 2 SBN #009975
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
C a rm e n L . F is ch e r L u h rs To w e r, S u ite 4 0 3 45 W . Jefferson Street Phoenix, Arizona 85003 (602) 252-1282

Luhrs Tow er - Suite 403 45 W est Jefferson Street Phoenix, A Z 85003-2314 (602) 252-1282 A ttorney for H enry W atkins

UNITED STATES OF AMERICA DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. HENRY WATKINS, Defendant. ) ) ) ) ) ) ) ) ) ) CR03-1167-PHX-DGC MOTION TO ACCELERATE DISCLOSURE OF WITHHELD DOCUMENTS AND 15th CASE MANAGEMENT CONFERENCE

Donald C. Smith, Kevin Augustiniak, Craig Kelly, Henry Watkins and Robert Reinstra move this court to accelerate the disclosure of withheld documents from March 10, 2006 to February 24, 2006. Fifteen men were pending trial at the time the court determined that disclosure of withheld discovery by the 24th of February and the 10th of March would allow the defense a reasonable amount of time to make effective use of the materials. On February 16, 2006, seven of these men plead guilty. One more will likely plead guilty next week. Thus, the number of defense attorneys available to review the withheld discovery has been reduced by more than half. Given this development, the court's initial determination of a reasonable time for review is no longer sound. In addition, motions in limine are due on the 17th of March giving the remaining defendants one week to review and analyze the second batch of withheld documents and prepare motions in limine. Unless this court allows a reasonable amount of time for the remaining five defendants to make effective use of the withheld materials, they will be denied due process, the right to present a defense and the right to effective assistance of counsel in violation of the Fifth and Sixth Amendment to the

Case 2:03-cr-01167-DGC

Document 1257 1 Filed 02/20/2006

Page 1 of 2

1 2 3 4 5 6 7 8

United States Constitution. The trial defendants also request that this court accelerate the fifteenth case management conference from March 17, 2006 to March 3, 2006. Respectfully submitted this 20th day of February, 2006.

_/s/_____________________ CARMEN L. FISCHER Attorney for Henry Watkins

I hereby certify that on the 20th day of February, 2006, I electronically transmitted this document to the Clerk's Office using the CM/EFC System for filing and the CM/EFC System transmitted a Notice of 10 Electronic Filing to all CM/EFC Registrants.
9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
C a rm e n L . F is ch e r L u h rs To w e r, S u ite 4 0 3 45 W . Jefferson Street Phoenix, Arizona 85003 (602) 252-1282

Case 2:03-cr-01167-DGC

Document 1257 2 Filed 02/20/2006

Page 2 of 2