Free Motion for Exam - 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 FOR MENTAL EXAMINATION AND REQUEST TO CONTINUE TRIAL

(Before the Honorable Roslyn O. Silver)

Counsel for Defendant FRANK DIPPOLITO respectfully requests this Court to order that a mental examination of Mr. Dippolito be performed and set a hearing to determine competency

18 19 20 21 22 23 24 25 26 27 28 Defendant was experiencing. It was believed that the problem was due to the Defendant not having the proper medication. 2. A period followed where it was believed the medication issue had been resolved pursuant to Rule 12.2(c)(1)(A), Fed. R. Crim. P., and 18 U.S.C. § 4241, and continue the present trial setting for at least 90 days. This Motion is made for the following reasons: 1. During the early stages of this case, defense counsel found it difficult to obtain the

Defendant's assistance in preparing this case because of severe anxiety and panic attacks the

and the Defendant was stabilized. However, in subsequent telephone conversations and meetings with the Defendant, his condition worsened. The Defendant evidenced such severe mood swings

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and abnormal cognitive processes, that it became extremely difficult, if not impossible, to communicate with him and represent him effectively. Defense counsel received information that the Defendant had a history of mental problems, but has been unable to obtain the historical medical records that supposedly exist concerning the Defendant's mental disorder which was described as a bi-polar condition.

6 7 8 9 10 11 12 13 14 15 16 Based upon the reasons set forth, Counsel requests that this Court enter an Order 17 18 19 20 21 22 Order based thereon. 23 24 25 26 27 28 continuing the current trial date of May 6, 2008, and the pretrial motions deadline, for approximately ninety (90) days. Defense counsel avows that this Motion is made in good faith and with good cause. Excludable delay less than 18 U.S.C. 3161(h) will not occur as a result of this Motion and for at least 90 days. Undersigned counsel has been in contact with counsel for the Government, Mr. David Pimsner, attempting to resolve these issues and stated that he has no objection to a ninety (90) day continuance and extension of time. 3. Because of this situation and what appears to be a deteriorating mental condition

which has made it difficult to effectively be ready for trial by May 6, 2008, it is respectfully requested that a mental examination of the Defendant be ordered pursuant to Rule 12.2(c)(1)(A), Fed. R. Crim P., and 18 U.S.C. § 4241, and the present trial date be continued

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RESPECTFULLY SUBMITTED this 7th day of April, 2008.

KIMERER & DERRICK, P.C.

By: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

S/Michael D. Kimerer_______________ Michael D. Kimerer Attorney for Defendant Dippolito

CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on April 7, 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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