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 August 5, 2008 at 8:30 a.m., as well as the pretrial motions deadline, for approximately ninety (90) days. This continuance is necessary for the following reasons.

21 22 23 24 25 26 27 28 was placed on the proper medications by July 14, 2008. Pursuant to a Motion to Extend Time filed by the Government, the Court extended that deadline to July 22, 2008. To defense 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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Document 279 1 Filed 07/16/2008

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counsel's knowledge, Mr. Dippolito is still not on the proper medications. Once he is, defense counsel will need time to discuss the case and current plea negotiations with him, and take further action as appropriate. Additionally, the Government recently extended a revised plea offer to Mr. Dippolito. However, given the concerns about Mr. Dippolito's current mental state and medications,

6 7 8 9 10 11 12 13 14 15 16 Defense counsel avows that this Motion is made in good faith and with good cause. 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. Excludable delay under 18 U.S.C. 3161(h) will not occur as a result of this Motion and Order based thereon. RESPECTFULLY SUBMITTED this 16th day of July, 2008. time. Based upon the reasons set forth, Defendant requests that this Court enter an Order continuing the current trial date of August 5, 2008, and the pretrial motions deadline, for approximately ninety (90) days. counsel has not had an opportunity to have any meaningful discussions with Mr. Dippolito about that plea offer. Undersigned counsel has been in contact with counsel for the Government, Mr. David Pimsner, and stated that he has no objection to a ninety (90) day continuance and extension of

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CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on July 16, 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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