Free Statement - District Court of Colorado - Colorado

Case 1:04-cr-00180-WDM

Document 184

Filed 02/15/2007

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Criminal Action No. 04-cr-00180-WDM UNITED STATES OF AMERICA, Plaintiff, vs. GWEN BERGMAN, Defendant. ______________________________________________________________________________ GWEN BERGMAN'S POSITION STATEMENT ______________________________________________________________________________ Gwen Bergman, by and through her court-appointed "special attorney," Martha H. Eskesen of MARTHA H. ESKESEN, P.C., submits the following position statement concerning her competency and the competency hearing set for February 22, 2007. 1. Ms. Bergman has received and reviewed the psychiatric evaluation reports

prepared by Dr. Karen Fukutaki, the expert retained by Assistant Federal Public Defender Ed Pluss, and Dr. Susan Bograd, the psychiatrist ordered by the court to evaluate Ms. Bergman. Ms. Bergman understands that the government will call Drs. Fukutaki and Bograd as witnesses at the hearing set for February 22, 2007. 2. Ms. Bergman disputes that she is presently suffering from a mental disease or

defect which renders her unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense.

Case 1:04-cr-00180-WDM

Document 184

Filed 02/15/2007

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3.

Ms. Bergman wants a hearing pursuant to 18 U.S.C. § 4247(d) at which she is

afforded her rights under that statute, i.e., an opportunity to testify, to present evidence, to subpoena witnesses on her behalf, and to confront and cross-examine witnesses who appear at the hearing. Ms. Bergman anticipates that at the hearing, she will confront and cross-examine witnesses and will testify. She does not intend to call other witnesses. 4. Ms. Bergman has further informed the undersigned that she wishes to make a

motion pursuant to 28 U.S.C. §§ 144 and 455(a) for recusal of United States District Judge Walker D. Miller. The undersigned does not believe that she is authorized to make such a motion on Ms. Bergman's behalf based on the November 2, 2006, order directing appointment of a "special attorney." Dated: February 15, 2007 MARTHA H. ESKESEN, P.C.

s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected] "Special Attorney" for Gwen Bergman

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Case 1:04-cr-00180-WDM

Document 184

Filed 02/15/2007

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on February 15, 2007, I electronically filed the foregoing GWEN BERGMAN'S POSITION STATEMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David M. Conner, AUSA Email: [email protected] Edward Pluss, AFPD Email: [email protected] And I hereby certify that I have mailed or served the foregoing document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc) indicated by the non-participant's name: Gwen Bergman Douglas County Jail 4000 Justice Way Castle Rock, CO 80109 MARTHA H. ESKESEN, P.C.

s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected]

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