Free Motion to Continue - District Court of Arizona - Arizona

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PATRICIA A. GITRE, P.L.C (#011864) 331 N. 1st Avenue, Suite 150 Phoenix, Arizona 85003 Telephone: (602) 452-2918 Fax: (602) 532-7950 Attorney for Kevin J. Augustiniak IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA,

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CR03-1167-PHX-DGC MOTION TO CONTINUE PRETRIAL DEADLINE AS TO AUGUSTINIAK

Plaintiff, vs. KEVIN J. AUGUSTINIAK Defendant.

Defendant Kevin Augustiniak, through counsel joins in Defendant Smith's Motion o continue the pretrial motion deadline of December 14, 2005 for at least 60 days. Excludable time is expected to result from this motion or an order thereon. Much of the discovery related to Defendant Augustiniak was produced in August, 2005 and on November, 2005.1 As of this date, some of the discovery has not been completed because of issues relating to defective tapes and DNA records. AUSA Vercauteran advised that he will be sending counsel's request for additional DNA discovery to DPS for response. See attached letter. Because of her trial schedule in September and October, 2005 and constantly working on discovery issues for the defense team with the government, counsel has not had an opportunity to review all relevant discovery as to Mr. Augustiniak's charges in order to file substantive motions particularly as to the DNA testing issues

In fact, most of the November 4, 2005 disclosure related to Operation Dequiallo and therefore, Michael Kramer including a substantial number of ROIS, videos and audio tapes that were ordered to be disclosed to the Defense by November 4, 2005.
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Case 2:03-cr-01167-DGC

Document 962

Filed 12/13/2005

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conducted in May and July, 2005. She anticipates that she will be filing several pretrial motions after completion of review of the voluminous discovery relating to Kevin Augustiniak. Defendant Augustiniak does not wish to continue the trial date and will work diligently to review and file pretrial motions related to Kevin Augustiniak. AUSAS Vercauteran and Duax take no position as to Defendant's request for a continuance. RESPECTFULLY SUBMITTED on December 13, 2005. PATRICIA A. GITRE PLC /s/Patricia A. Gitre Attorney for Defendant Kevin Augustiniak ORIGINAL filed electronically and copies of the foregoing Delivered via electronically or by email on 12/13/2005 Clerk of the Court Judge David G. Campbell Judge of the U.S. District Court Sandra Day O'Connor United States Courthouse 401 West Washington Street Phoenix, Arizona 85003 Tim Duax Keith Vercauteran 2 Renaissance Square 40 N. Central, Suite 1200 Phoenix AZ 85004-4408 Facsimile: 602-773-7043 All Defense Counsel /s/ Patricia A. Gitre

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Case 2:03-cr-01167-DGC

Document 962

Filed 12/13/2005

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