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

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MICHAEL D. KIMERER, #002492 Kimerer & Derrick, P.C. 221 East Indianola Avenue Phoenix, Arizona 85012 Telephone: 602/279-5900 Facsimile: 602/264-5566 Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, v. FRANK DIPPOLITO, et al., Defendant.

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Case No. 03-0864-PHX-ROS MOTION TO CONTINUE TRIAL AND EXTEND TIME IN WHICH TO FILE PRETRIAL MOTIONS (Expedited Ruling Requested) (Before the Honorable Roslyn O. Silver)

Defendant, Frank Dippolito, through counsel undersigned, respectfully requests this Court to enter an Order continuing the current trial date of October 7, 2008 at 8:30 a.m., as well as the pretrial motions deadline, for approximately sixty (60) days. This continuance is necessary for the following reasons.

21 22 23 24 25 26 27 28 was placed on the proper medications. To defense counsel's knowledge, Mr. Dippolito was only recently placed on the proper medications and his psychiatric condition is stabilizing. During the Status Conference on June 30, 2008, and after reviewing the psychiatric report by Dr. Jack Potts, the Court expressed serious concerns about Mr. Dippolito not receiving the proper medications while housed at CCA and, as a result, not able to adequately assist in his defense. The Court ordered CCA to prepare a report ensuring that Mr. Dippolito

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Defense counsel believes Mr. Dippolito will now be able to assist counsel with his defense and constructively discuss the issues involved in the case. However, additional time is needed to achieve these goals. Additionally, the Government recently extended a revised plea offer to Mr. Dippolito. However, given the concerns about Mr. Dippolito's mental state and medications, counsel was

6 7 8 9 10 11 12 13 14 15 16 Excludable delay under 18 U.S.C. 3161(h) will not occur as a result of this Motion and Order 17 18 19 20 21 22 23 24 25 26 27 28 By: S/Michael D. Kimerer_____ Michael D. Kimerer Attorney for Defendant Dippolito Kimerer & Derrick, P.C. based thereon. RESPECTFULLY SUBMITTED this 2nd day of September, 2008. Based upon the reasons set forth, Defendant requests this Court to enter an Order continuing the current trial date of October 7, 2008, and the pretrial motions deadline, for approximately sixty (60) days. Defense counsel avows that this Motion is made in good faith and with good cause. only recently able to have meaningful discussions with Mr. Dippolito about that plea offer, and plans to continue those discussions to determine whether the case can be resolved short of trial. Undersigned counsel contacted counsel for the Government, Mr. David Pimsner, who stated that he has no objection to a sixty (60) day continuance and extension of time.

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CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on September 2, 2008, I electronically transmitted the attached Motion to the Clerk of the Court using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David Pimsner Assistant United States Attorney 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 A COURTESY COPY of the foregoing was Sent via e-mail and regular U.S. Mail to: The Honorable Roslyn Silver United States District Judge 401 W. Washington Phoenix, AZ 85003 By: S/ Nancy M. Alexander

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