Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

N · *· Case 3:03-cr-00255PCD Ddeument 58 Filed (;5€;45200?—Ra”ge 1 of 4 N
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UNITED STATES DISTRICT COURT N J I ‘ * NE
DISTRICT or comxiacricur Zlllt; . " I N N > Ng, N N
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UNITED STATES OF AMERICA : Y N - " ` '
v. : Crim. No. 3:03CR222(PCD)
WILLIAM KING U : June 24, 2005

GOVERNMEN'I"S RESPONSE TO N
DEFENDANT’S MOTION TO DISMISS IN DICTMENT - N
The United States of America, by and through the undersigned Assistant United States
Attorney, hereby submits this response to defendant’s motion to dismiss the indictment in this case
alleging violations of the Speedy Trial Act.
Specifically, defendant asserts that more than 70 days have elapsed between December 23,
2004, when defendant was released from CVH after being restored to competence, and the present.
Defendant maintains, therefore, that the Speedy Trial Act, 18 U.S .C. § 3 l 62(a)(2), requires dismissal
of the indictment.
There is no question that there has been a violation of the Speedy Trial Act since more than
70 non—excludab]e days have elapsed. The proper remedy is dismissal ofthe indictment. However,
there are compelling reasons why the Court should dismiss the indictment without prejudice. As the
Court well knows, the government has been operating in good faith and has worked closely with the
defense and the probation office in an attempt to address the defendant’s mental health concerns. N
The government’s efforts to assist the defendant and fairly resolve this case have been stymied by N
the def`endant’s refusal to take his medication and take his mental health issues seriously. Indeed, I
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the defendant’s own actions have left him mentally impaired during virtually the entire pendency of
this case.
Not only has the defendant’s condition caused multiple trials to be cancelled and mistried,
it has left him unable to participate in plea negotiations. Indeed, after the defendant was released
from CVH in December 2004, the government initiated the process of attempting to resolve this
matter by way of pre-trial diversion. However, because the defendant ceased his mental health I
treatment and was therefore no longer in compliance with his conditions of release, such a resolution I
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was no longer possible at that time. Moreover, after the defendant’s bond was revoked on April 20,
2005, as a result of his continued refusal to take his medication and participate in his court—ordered
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out—patient mental health treatment, it was clear that the defendant was not capable of assisting in
any decision that needed to be made in his case.
Finally, since the dfendant’s bond was revoked, the government and the defense have I
discussed ways to attempt to get the defendant back to CVH for more intensive treatment, with the I
goal of long-term recovery rather than a quick tix which is what has plagued the defendant’s I
treatment. To date, those attempts have failed.
Plainly, this is not a case where the government has sat idly by and let the Speedy Trial clock
run. To the contrary, the government has actively sought to get the defendant the treatment he needs,
while letting the charges against him take a back seat. In other words, the government has attempted
to do justice in this case. It should not be penalized by having the indictment dismissed with I
prejudice. I
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' ‘ Case 3:03-cr-002€;2§PCD Document 58 Filed 06652005 Page 3 of 4 I
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Wherefore, for the following reasons, the government respectfully requests that the Court
dismiss the indictment without prejudice.
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Respectfully submitted, I
KEVIN J. O’CONNOR
UN1 ED STATE TTORNEY I
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ARK D. RUBINO I I
SSISTANT UNITED STATES ATTORNEY
157 Church Street
New Haven, Connecticut 06510
Tel. (203) 821-3828
Federal Bar No. CT03496
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‘ “ Case 3:03-cr-OO@PCD Document 58 Filed O6?4§2005 Page 4 of 4 5

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cERT1F1cAT10N or SERVICE
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This is to certify that the foregoing has been sent via U.S. mail this 24*** day of June,
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2005, ro; 1
Tom Belsky, AFPD I _
2 Whitney Avenue, Suite 300 i
New Haven, CT 06510
Wilfredo Duran
U.S. Probation Officer
New Haven, CT H (
° 2`** / *
MARK D. RUBINO T
Ass1sTANT UNITED STATES ATToRNEY ,
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