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

(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 2, 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 been suffering from panic attacks and severe anxiety which began before his arrest. This has made it difficult for counsel to The last discovery was received only a couple of weeks ago, and based upon what was received defense counsel 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.

Case 2:03-cr-00864-ROS

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effectively communicate with him about the large amounts of discovery provided by the government. He has a long history of such attacks and the medical unit at CCA will 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 will address by separate motion, a

6 7 8 9 10 11 12 13 14 15 16 approximately sixty (60) days. 17 18 19 20 21 22 23 24 25 By: 26 27 28 S/Michael D. Kimerer_____ Michael D. Kimerer Attorney for Defendant Dippolito Kimerer & Derrick, P.C. 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 Order based thereon. RESPECTFULLY SUBMITTED this 22nd day of June, 2007. 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. Based upon the reasons set forth, Counsel requests that this Court enter an Order continuing the current trial date of October 2, 2007, and the pretrial motions deadline, for request to the court to authorizing prescribing the proper medication to alleviate the defendant's severe anxiety/panic attacks. But before doing so defense counsel is making 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.

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CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on September 18, 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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