Free Status Conference - District Court of Colorado - Colorado

Case 1:04-cr-00180-WDM

Document 173

Filed 01/03/2007

Page 1 of 2

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, Plaintiff, vs. GWEN BERGMAN,

Date: January 3, 2007 Time: 24 minutes Interpreter: n/a

Counsel David Conner Gregory Holloway

Martha Eskesen Edward Pluss

Defendants.

STATUS CONFERENCE

10:05 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and in custody. Comments by Ms. Eskesen advising that the defendant has indicated that she does not want to be represented by Mr. Pluss and requests new counsel. Comments by Mr. Pluss indicating he felt it was his obligation to request a competency hearing based on conversations with the defendant and her desire to represent herself

Case 1:04-cr-00180-WDM

Document 173

Filed 01/03/2007

Page 2 of 2

in this case. Page Two 04-CR-00180-WDM January 3, 2007 Court concludes that the defendant should be examined and discusses how this examination should be conducted. Ms. Eskesen advises that the defendant should be retained in this jurisdiction and that she has contacted Dr. Susan Bograd who practices in the Denver area and is available after January 15, 2007 to conduct the examination. Comments by Mr. Conner indicating no objection to the examination. Mr. Conner requests a copy of the existing psychiatric report, as a result of an examination acquired by the Federal Public Defender' Office. s Mr. Pluss expresses his concerns regarding the disclosure of that report and attorney/client privilege. Defendant advises that she will waive the attorney/client privilege and permit Mr. Pluss to disclose the report to counsel and Dr. Bograd. ORDERED: Mr. Pluss shall disclose the report to counsel and Dr. Bograd by February 8, 2007. ORDERED: Counsels' statements of their positions regarding competency are due by February 15, 2007. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal. 10:29 a.m. COURT IN RECESS 24 minutes

Total in court time: Hearing concluded