Free Motion to Continue Trial - District Court of Arizona - Arizona

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MICHAEL B. BERNAYS State Bar No. #007057 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Phone: 602-254-5544 Fax: 602-254-9263 Attorney for Defendant

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UNITED STATED DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA Plaintiff, vs. SHEILA M. ISABELL, et al., Defendant ) ) ) ) ) ) ) ) Case No.: CR 03-1082-001-PHX-MHM

MOTION TO CONTINUE JURY TRIAL

Defendant, Sheila M. Isabell, through counsel, Michael B. Bernays, hereby moves the Court to continue the Jury Trial currently scheduled for August 22, 2006, on the grounds that counsel and Ms. Isabell continue to review the discovery received from the government on this matter and require additional time to complete that review, discuss with each other it's impact and make a final decision on a plea offer which has been presented by Mr. Lopez of the United States Attorney's Office to Ms. Isabell. The discovery in this case, although not outrageously voluminous, consists of financial records from both the defendant's banks and the bank accounts of the victim Indian Tribe in this matter. Counsel and Ms. Isabell's ability to discuss these documents is somewhat hampered by her residence in Ohio and her indigence, which prevents her from traveling to Arizona for a face to face meeting with counsel. Counsel has spoken with Mr. Lopez about the need for this continuance and Mr. Lopez has authorized counsel to state that the government does not oppose the continuance of this trial. Counsel for Ms. Isabell and the government both anticipate a resolution within the time granted by the Court upon this motion. Counsel would urge the Court to find that the need for Counsel and

Case 2:03-cr-01082-MHM

Document 57

Filed 08/16/2006

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his client to digest and review the materials provided by the government justify a finding that
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the ends of justice are served by granting this continuance outweigh the best interests of the
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public and the defendant in a speedy trial.
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Excludable delay pursuant to 18 U.S.C. § 3161(h)(8)(A) and (B)(iv) will occur as a result
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of this motion.
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RESPECTFULLY SUBMITTED this 16th day of August, 2006.
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s/ Michael B. Bernays Michael B. Bernays 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant

Copy of the foregoing e-mailed Via CM/EFC this 16th day of August, 2006, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

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Case 2:03-cr-01082-MHM

Document 57

Filed 08/16/2006

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