Free Statement - District Court of Colorado - Colorado

Case 1:04-cr-00180-WDM

Document 183

Filed 02/14/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00180-WDM UNITED STATES OF AMERICA, Plaintiff, v. GWEN BERGMAN, Defendant. __________________________________________________________________ DEFENSE COUNSEL'S POSITION REGARDING THE ISSUE OF DEFENDANT'S COMPETENCY __________________________________________________________________ Comes now, the Defendant, Gwen Bergman, by and through her attorney Edward A. Pluss, and informs the Court as to undersigned counsel's position with regards to the Defendant's competency and the Competency Hearing which is presently scheduled for February 22, 2007 as follows: 1. Undersigned counsel has reviewed the forensic report from Dr. Susan Bograd, pursuant to the Court's Order requiring Dr. Bograd to examine the Defendant for competency. 2. Dr. Bograd has opined, the Defendant is not competent to proceed. This opinion is consistent with the opinion of Dr. Karen Fukutaki whose report has been previously distributed to the Court and counsel.

Case 1:04-cr-00180-WDM

Document 183

Filed 02/14/2007

Page 2 of 3

3. Undersigned Counsel continues to believe that the Defendant is incompetent to proceed and believes that the Competency Hearing scheduled for February 22, 2007 at 9:00 a.m. should proceed and that Undersigned counsel will be prepared to proceed on that date. Respectfully Submitted, RAYMOND P. MOORE Federal Public Defender s/ Edward A. Pluss Edward A. Pluss Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:04-cr-00180-WDM

Document 183

Filed 02/14/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on February 14, 2007, I electronically filed the foregoing DEFENSE COUNSEL'S POSITION REGARDING THE ISSUE OF DEFENDANT'S COMPETENCY with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David Conner, Assistant U.S. Attorney email: [email protected] Martha Eskesen, Atty. email: [email protected] Gwen Bergman (Via Mail) c/o Douglas County Jail 4000 Justice Way Castle Rock, CO 80104

s/ Edward A. Pluss Edward A. Pluss Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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