Free Motion to Modify Conditions of Release - District Court of Arizona - Arizona

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MICHAEL L. FREEMAN 320 E. Virginia, Suite 200 Phoenix, Arizona 85004-1225 (602) 843-9653 Office (602) 285-1224 Facsimile e-mail: [email protected] State Bar No. 010237 Attorney for Defendant HARRIS REED

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, Plaintiff, v. CAROLYN A. HARRIS REED, Defendant. ) ) ) ) ) ) ) ) ) Case No. CR03-00421-PHX-SMM MOTION TO RESET SELF SURRENDER DATE THIRD REQUEST (Opposed by Government) (Before the Honorable Stephen M. McNamee)

COMES NOW Defendant, Carolyn Harris Reed, through undersigned counsel, and respectfully requests this Honorable Court reset the self surrender date from January 17, 2006, to February 28, 2006. This request is supplemented by new information that was not previously presented since two medical evaluations have occurred since the prior surrender request. The Defendant had her son examined by a Pediatrics Behavioral health Consultant as a consultation to Dr. Donald Carter. He will begin treatment on January 12, 2006 and the Defendant wants to have her surrender date delayed 45 days. The initial 45-day period is vital to the treatment of Carolyn's son since the Behavioral Experts believes that he would be much more amenable to treatment if he begins the sessions with his mother. The prognosis has been attached and the medical professionals believe that Carolyn's presence will allow her son to see that she believes they both need the treatment and for the medical staff to have Carolyn's input so they can better understand her son and treat them. Donald saw a doctor on January 5, 2006 to begin a therapy/counseling program that is being paid by the Defendant and her insurance. The doctor referred them for follow up with Mountain Park

Case 2:03-cr-00421-SMM

Document 537

Filed 01/10/2006

Page 1 of 3

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Health center on January 9, 2006.. Doctor John Lee has been treating the Defendant for depression and has also prepared a letter explaining the relationship between the mother and son. Doctor Lee's observations concerning the Defendant's management of stress and depression will also be relevant in treating her son. The Defendant will be filing a Rule 2255 Motion to Vacate the Sentence. The basis for the Motion is ineffective assistance and additional time is needed to obtain a transcripts from a sealed hearing in January 2005 concerning her trial attorney's effective assistance. This hearing did not appear as sealed in the Clerk's records; however, the Court reporter advised undersigned counsel that his records show the January 5, 2005 hearing was sealed and a court order is pending to unseal this hearing. Affidavits show the defendant pled guilty since she felt her own lawyer was not prepared and her guilty plea would allow her brother and fiancee to avoid a trial where they were told they would receive thirty years in prison if Carolyn did not take the offer by the Government. In addition, it appears there was an insufficient examination on the package nature of the plea since this provision was neither expressed in the written agreement or placed on the record by either counsel. The Defendant had been allowed to self-surrender and remains employed at DES and living at her same address at 1920 East St. Anne with her three children. She has taken steps to have her mother have full legal rights to care for her children during her incarceration. A Petition for Permanent Appointment of Guardian of a Minor along with her consent to have Minnie Harris appointed in Maricopa Cause Number JG500562 was granted in December. Problems have arisen since the defendant's twelve-year-old son Donald has been

experiencing problems in school that the school administration believes is related to his mother's situation. The School Director has prepared a letter praising the defendant for making every effort to help her son manage his behavior as well as being a positive force at the school. Undersigned counsel has spoken with Assistant United States Attorney Keith Vercauteren who opposes this request to delay the self-surrender date. As of December 21, 2005, she had been designated for the Victorville FCI, California to report by January 10, 2006. This Honorable court granted an extension to January 17, 2006. -2Case 2:03-cr-00421-SMM Document 537 Filed 01/10/2006 Page 2 of 3

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RESPECTFULLY SUBMITTED this 10th day of January, 2006. /s/ Michael L. Freeman MICHAEL L. FREEMAN Attorney for Defendant HARRIS REED e-mail: [email protected] 320 E. Virginia, Suite 200 Phoenix, Arizona 85004-1225 (602) 843-9653 Office (602) 285-1224 Facsimile State Bar No. 010237

CERTIFICATE OF SERVICE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Case 2:03-cr-00421-SMM Document 537 Filed 01/10/2006 Page 3 of 3 /s/ Michael L. Freeman By Michael L. Freeman, Esq. Copy of the foregoing mailed this 10th day of January, 2006, to: Carolyn Harris Reed Defendant The Honorable Stephen M. McNamee U.S. DISTRICT COURT JUDGE [email protected] I, Michael L. Freeman, certify that on the 10th day of January, 2006, I electronically transmitted the foregoing document to the Clerk of the United States District Court, District of Arizona, using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Keith Vercauteren Email: [email protected] Assistant United States Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Attorney for the Government Copy of the foregoing e-mailed this 10th day of January, 2006, to: