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 December 4, 2007 at 8:30 a.m., and 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 Also, the defendant, who is incarcerated at CCA, has still been suffering from panic attacks and severe anxiety which began before his arrest. This has made it difficult for counsel Defense counsel is still reviewing the voluminous amount of discovery, and based upon what was received defense counsel still needs additional time to investigate the viability of a motion to suppress. Information in the recent discovery also gives some pertinent information which the defense needs to investigate in Philadelphia, and additional time is needed to do this.

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to effectively communicate with him about the large amounts of discovery provided by the government. As previously indicated, he has a long history of such attacks and the medical unit at CCA will still not prescribe the medication that he was using prior to his arrest and incarceration. All other medication prescribed for him has not been working, and CCA will not prescribe his previous medications ­ Xanax and Klonopin. Defense counsel is still trying to

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 less than 18 U.S.C. 3161(h) will not occur as a result of this Motion and Order based thereon. RESPECTFULLY SUBMITTED this 8th day of November, 2007. stated that he has no objection to a sixty (60) day continuance and extension of time. Based upon the reasons set forth, Counsel requests that this Court enter an Order continuing the current trial date of December 4, 2007, and the pretrial motions deadline, for approximately sixty (60) days. make arrangements for Dr. Jack Potts to see the defendant to ascertain the extent of the problem and what medication may be necessary to alleviate the problem, however, Dr. Potts had been out of town and has not had the time to make those arrangements. Undersigned counsel contacted counsel for the Government, Mr. David Pimsner, who

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CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on November 8, 2007, 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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