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

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MARK PAIGE 45 West Jefferson Luhrs Tower - Suite #806 Phoenix, AZ 85003-2317 (602) 254-5457 State Bar #020902 [email protected] Attorney for Defendant

UNITED STATES DISTRICT COURT 7 8 9 10 11 12 13 14 The defendant, Jesse Moore, by and through counsel respectfully moves the Court for a 15 continuance of the presently set trial date of January 8, 2008 and extension of the deadline for 16 pretrial motions on the following grounds: 17 1. The defendant is charged by Indictment with murder. The defendant was previously 18 indicted and tried. After conviction and sentencing, an appeal was filed and heard by the 19 Ninth Circuit. As a result of that appeal this matter was remanded for a new trial. 20 Undersigned counsel was appointed on or about January 4, 2007. 21 2. Counsel has received approximately 6 boxes of materials from appellate counsel and 22 a great deal of additional materials from previous trial counsel (4-6 boxes). Counsel, with 23 the assistance of an appointed paralegal, is organizing and reviewing all of this material. 24 This process has taken longer than counsel previously anticipated. The efforts are 25 continuing by paralegal, counsel and the investigator. 26 3. Counsel is engaged in the process of further investigation into the underlying incident, 27 as well as the change(s) in circumstances which have occurred since the conclusion of 28 DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-03-764-PHX-JAT ) Plaintiff, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE TRIAL AND EXTEND ) PRETRIAL MOTIONS AND ALL Jesse Moore, ) OTHER DEADLINES ) Defendant. ) (Third Request) _______________________________________)

Case 2:03-cr-00764-JAT

Document 1225

Filed 10/05/2007

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the previous trial and the present. There is an ongoing attempt to locate witnesses, documents and update information as to persons of interest in this matter including trial witnesses and others. 4. Counsel continues to be engaged in the review and analysis of the previous trial transcripts, pleadings and the 2,000+ pages of discovery and other investigative materials. Again, this process has been slower than expected due to several factors, including the ongoing caseload of counsel. Counsel has reviewed several hundreds of pages of transcripts and most of the discovery (approx. 1700-1800) pages. However, additional review and analysis is crucial to the preparation of the defense. This review requires a significantly more detailed review and analysis of witnesses, strategies, documents, admissibility issues (particularly given the acquittal of one individual) and many other matters. 5. Further, defense counsel has ongoing concerns relating to the defendant's mental state, similar to those raised previously. Nothing in counsel's several meetings with the client has alleviated these concerns. Counsel is in the process of having the recently received materials from the BOP reviewed by an expert to be followed by interview, testing and evaluation of the defendant. This interview and testing was very recently postponed when the expert learned of the call-up for deployment of her grandson to Iraq (for the same date and time as the scheduled evaluation). The interview and testing are now set for a time in November. Subsequent to that time, additional time will be necessary to review and analyze the results, consult with counsel and for decisions to be made as to the manner in which to proceed. 6. Consequently, counsel is requesting that this matter be continued for sixty to ninety (60-90) days to permit counsel to prepare for the defense of this defendant. 7. This defendant is in custody. Counsel for the Government, Kurt Altman, has no objection to this request. The defendant requests a continuance of this matter to allow undersigned counsel to be prepared and able to render effective assistance of counsel consistent with the Sixth Amendment

Case 2:03-cr-00764-JAT

Document 1225

Filed 10/05/2007

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guarantee for every defendant.

Respectfully submitted this 5th day of October, 2007. S/ Mark A. Paige MARK PAIGE Attorney for Defendant I hereby certify that on June 1, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Kurt Altman Assistant U.S. Attorney [email protected] S/ Mark A. Paige Mark A. Paige //

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Case 2:03-cr-00764-JAT

Document 1225

Filed 10/05/2007

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