Free Motion to Continue - District Court of Delaware - Delaware

I · I Case 1 :08-cr—OOOO8-GIVIS I Document 15 Filed Oo/O1/2008 Page 1 of 3
I , I I ._IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ;
I I UNITED STATES OF AMERICA, ) I I I
-_ I ‘ Plaintiff, I i _ I
- __ I v. g I Criminal Action No. 08—08—GMS I
II THOMAS J. SMITH, g
Defendant. g I I
I - - . MOTION TO CONTINUE EVIDENTIARY HEARING . I
I ‘ I NOW COMES the United States of America, by and through Colm F. Connolly, United States
I _ Attorney for the District of Delaware, and Shawn E. Martyniak, Special Assistant United States - I
_ I { Attorney, hereby moves for an continuance of the May 1, 2008 evidentiary hearing date in the above- - i
I . I captioned case. I _ .
I I _- I The Government is seeking a continuance of this hearing because a necessary witness is
unavailable. On April 30, 2008 at 10:34 p.m., Officer Rinehart ofthe Wilmington Police Department - I I I
· I _ contacted Special Assistant United States Attorney Shawn E. Martyniak indicating that he may have
` a conflict preventing his attendance from the evidentiary hearing. Officer Rinehart is an essential ` · I I
- pI ‘ witness to the Goverrnnent’s case-in-chief I I ‘ I I I I II
I . i _ - Officer Rinehart indicated that his pregnant wife began to experience contractions. As of April I
I I - 29, 2008 at 10:30 p.m., Officer Rinehart was at the hospital with his wife. Officer Rinehart indicated
‘ that his wife was experiencing pre-term labor. Officer Rinehart also indicated that he was unsure ofthe I
I course of action that the doctors were going to proceed with. At 10:40 a.n1. on May l, 2008, Special III
I I I I Assistant United States Attorney Martyniak received a message from Officer Rinehart that he was still ‘ it
I I at the hospital with his wife. U U · _ _ . U - p

Case 1 :08-cr—OOOO8-GIVIS Document 15 Filed 05/O1/2008 Page 2 of 3
Z ` Special Assistant United States Attorney Martyniak contacted Your Honor’s chambers, along
Q with the defendant’s attorney, Keir Bradford, to inform Your Honor about the unavailability of the
3 witness. Ms. Bradford indicated that Ashe did not oppose the request for the continuance ofthe hearing.
A _ ‘ Given the unavailability of the Government’s necessary witness and the reason for the unavailability,
-- I the Government respectfully requests a continuance of the evidentiary hearing.
l l Respectfully submitted, l
A " COLM F. CONNOLLY _ .
` - · . I S
_` - Shawn E. Martyni , 0 ‘ `
` ‘ Special Assistant Unite es Attorney
` Dated: May l, 2008 . _ -

I i. Case 1 :08-cr—OOOO8-GIVIS Document 15` Filed 05/O1/2008 Page_3 of 3
I IN THE UNITED STATES DISTRICT COURT ` ‘
. _ · _ FOR THE DISTRICT OF DELAWARE
I _ UNITED STATES OF AIVIERICA, )
) .
Plaintiff] . )
)
` v. ) Criminal Action No. 08-08-GMS .
‘ )
_ THOMAS J. SMITH, )
` )
. - ‘ Defendant. .) _
__ MOTION TO CONTINUE EVIDENTIARY HEARING
In response to the Motion for Continuance of Evidentiary Heating, this Court HEREBY I
ORDERS on this day of , 2008, that Defendant’s Evidentiary Hearing
l in Criminal Action No. :08-08-GMS re-scheduled for the day of , 2008 at
_ a.m./p.m. , l
` Honorable Gregory M. Sleet - ·
- I United States District Judge - . I

Case 1:08-cr-00008-GMS

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