Free Motion for Extension of Time to File - District Court of Colorado - Colorado

Case 1:04-cr-00180-WDM

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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. __________________________________________________________________ MOTION FOR EXTENSION OF TIME TO FILE REPORT ON COMPETENCY EVALUATION AND MOTION TO CONTINUE HEARING ON COMPETENCY __________________________________________________________________ Comes now the Defendant, Gwen Bergman, by and through her attorney Edward A. Pluss, and moves for an extension of the time for Court ordered psychiatrist, Susan Bograd, to prepare and file the psychiatric report pursuant to 18 U.S.C. § 4247(c) as to the issue of Defendant's competency and for continuance of the hearing on competency which is currently scheduled for February 22, 2007 at 9:00 a.m., and as grounds therefore states as follows: 1. On October 18, 2006 undersigned counsel filed a Motion for

Determination of Competency to stand trial of Defendant (Docket # 121). 2. On January 5, 2007 the court issued an Order (Docket # 172) requiring

a psychiatric examination of the Defendant be conducted by Dr. Susan Bograd

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pursuant to 18 U.S.C. § 4247(c) and requiring Dr. Bograd to file a report concerning her evaluation of the Defendant's competency by February 8, 2007. The Court in its order also required the parties file with the Court their position with regards to the Defendant's competency on or before February 15, 2007. Lastly, the hearing on the Defendant's competency to proceed is scheduled for February 22, 2007 at 9:00 a.m. 3. Undersigned counsel has been informed by Martha Eskesen, counsel

appointed on behalf of the Defendant with regards to the issues of competency, that she has been informed by Dr. Bograd, that because of the volume of materials she needed to review with regards to the issues along with a need for a complete and thorough report regarding the Defendant's competency, she will not be able to complete and file by the date required by the Court. Dr. Bograd has indicated she can complete the report by February 15, 2007. Because of the delay in receiving the report from Dr. Bograd, the parties will not be able to comply with the Court's Order that they file their position with regards to the Defendant's competency by February 15, 2007 and be prepared for the competency hearing on February 22, 2007. 4. Undersigned counsel has conferred with Ms. Eskesen along with

Assistant United States David Conner concerning the issue regarding Dr. Bograd's

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inability to complete the competency evaluation and report and they have authorized the undersigned to state, that they concur in this motion. The parties believe, that a continuance of the due date for the report, due date for responses and hearing date can be for a brief period of time consistent with the date of the completion of the report by Dr. Bograd and the parties and the Court's calendar. WHEREFORE, the Defendant requests that the Court continue until February 15, 2007, the due date for Dr. Bograd to complete and file the report regarding her competency evaluation of the Defendant, that the Court extend for a short period of time, the time for the parties to file their responses as to their position as to the issue of the Defendant's competency and that the Court continue for a brief period of time, the hearing on the Motion to Determine Competency and for such other and further relief that is just and proper.

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]
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Attorney for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on February 1, 2007, I electronically filed the foregoing MOTION FOR EXTENSION OF TIME TO FILE REPORT ON COMPETENCY EVALUATION AND MOTION TO CONTINUE HEARING ON 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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