Free Competency Hearing - District Court of Colorado - Colorado

Case 1:04-cr-00180-WDM

Document 193

Filed 02/22/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Probation Officer: n/a CASE NO. 04-CR-00180-WDM Parties UNITED STATES OF AMERICA,

Date: February 22, 2007 Time: 2 hours and 46 minutes Interpreter: n/a

Counsel David Conner

Plaintiff, vs. GWEN BERGMAN, Martha Eskesen Edward Pluss

Defendant.

COMPETENCY HEARING

9:13 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and in custody. Record should reflect that Ms. Eskesen appears specifically on the issue of competency. Ms. Eskesen advises the defendant wishes to bring to the Court the issue of bond and

Case 1:04-cr-00180-WDM

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defendant' request that Judge Miller recuse himself. s Page Two 04-CR-00180-WDM February 22, 2007 Court states its finding and conclusions. ORDERED: Defendant' request that Judge Miller recuse himself is DENIED, pursuant s to 28 U.S.C. § 144 and § 455. 9:17 a.m. Direct examination of witness Karen Fukutaki, MD by Mr. Conner.

Joint exhibit 1 identified, offered and ADMITTED. Witness identifies the defendant. Joint exhibit 2 identified, offered and ADMITTED. 9:36 a.m. 9:43 a.m. 10:05 a.m. 10:09 a.m. Cross examination by Mr. Pluss. Cross examination by Ms. Eskesen. Redirect examination by Mr. Conner. Questions to the witness by the Court.

Witness excused. 10:12 a.m. Direct examination of witness Susan Bograd, MD by Mr. Conner.

Joint exhibit 3 identified, offered and ADMITTED. Joint exhibit 4 identified, offered and ADMITTED. 10:28 a.m 10:38 a.m. 10:53 a.m. 11:00 a.m. 11:02 a.m. 11:04 a.m. Cross examination by Mr. Pluss. Cross examination by Ms. Eskesen. Redirect examination by Mr. Conner. Questions to the witness by the Court. Further cross examination by Mr. Pluss. Further cross examination by Ms. Eskesen.

Case 1:04-cr-00180-WDM

Document 193

Filed 02/22/2007

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11:06 a.m.

Further redirect examination by Mr. Conner.

Page Three 04-CR-00180-WDM February 22, 2007 Witness excused. Government rests. 11:10 a.m. 11:26 a.m. 11:27 a.m. 11:42 p.m. COURT IN RECESS COURT IN SESSION Direct examination of defendant Gwen Bergman by Ms. Eskesen. Cross examination by Mr. Conner.

Witness excused. 11:47 a.m. 10:48 a.m. 11:51 a.m. Argument by Mr. Pluss. Argument by Ms. Eskesen. Argument by Mr. Conner.

Court states its findings and conclusions. ORDERED: Defendant is remanded to the custody of the Attorney General, not to exceed 4 months, pursuant to 18 U.S. C. § 4241(d). Admitted exhibits shall be disclosed to the Attorney General. ORDERED: Court will not entertain any further motions regarding defendant' health. s US Marshal shall check on status of the defendant' medical needs and s report back to the Court. ORDERED: Court order remanding defendant to the custody of the Attorney General supersedes defendant' argument concerning bond. s ORDERED: Defendant is REMANDED to the custody of the United States Marshal. 12:05 p.m. COURT IN RECESS 146 minutes

Total in court time:

Case 1:04-cr-00180-WDM

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Hearing concluded