Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 660

Filed 02/14/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action N. 04-CR-103 REB UNITED STATES OF AMERICA Plaintiff, v. GEORGE BEROS Defendant. ___________________________________________________________________________ MOTION TO PERMIT ATTORNEY AND DEFENDANT TO PARTICIPATE IN THE DEPOSITION VIA THE TELEPHONE ___________________________________________________________________________ Now comes the undersigned counsel, Paul B. Daiker, Esq., counsel for Defendant, George Beros, and respectfully moves this Honorable Court, to permit the Defendant and undersigned counsel to participate in the Deposition of Gary N. Herbert which is currently scheduled for Thursday, February 16, 2006, via telephone for the reasons more fully stated below in the brief in support.

/s/ Paul B. Daiker PAUL B. DAIKER, Esq. Reg. No. 0062268 Zukerman, Daiker & Lear Co., L.P.A. 2000 East Ninth Street, Suite 700 Cleveland, Ohio 44115 (216) 696-0900 Counsel for Defendant

Case 1:04-cr-00103-REB

Document 660

Filed 02/14/2006

Page 2 of 3

BRIEF IN SUPPORT The above Defendant, George Beros as well as the undersigned counsel, Paul B. Daiker, Esq., both work and live in Cleveland, Ohio. Therefore, the undersigned counsel is requesting that he be permitted to participate in the deposition of Gary N. Herbert via the telephone. Assistant United States Attorney Wyatt Angelo, Esq., has indicated that he has no objections to this Motion. Mr. Beros knowingly, voluntarily and intelligently waives his Sixth Amendment Right to be present for the confrontation of the witness. However, undersigned counsel, Paul B. Daiker reserves the right to cross-examine the witness via the telephone. WHEREFORE, the Defendant, George Beros, by and through undersigned counsel, Paul B. Daiker, Esq., respectfully moves this Honorable Court to permit Defendant and undersigned counsel to participate in the Deposition of Gary N. Herbert which is currently scheduled for Thursday, February 16, 2006 via telephone.

/s/ Paul B. Daiker PAUL B. DAIKER, Esq. Counsel for Defendant Beros

Case 1:04-cr-00103-REB

Document 660

Filed 02/14/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was electronically served to: Wyatt Angelo, Esq. Assistant United States Attorney 402 Rood Avenue, Suite 220 Grand Junction, CO 81501 Ronald Gainor, Esq. 6414 Fairways Drive Longmont, CO 80503 Peter Bornstein, Esq. 1600 Broadway, Suite 2350 Denver, CO 80202 Thomas Goodreid, Esq. 1801Broadway, Suite 1100 Denver, CO 80202 Daniel Smith, Esq. 1900 Grant Street, Ste. 580 Denver, CO 80203 Thomas J. Hammond, Esq. Thomas J. Hammond, PC 1544 Race Street Denver, CO 80206 Robert P. Sticht, Esq. Law Offices of Robert Patrick Sticht P.O. Box 49457 Los Angeles, CA 90049 Declan J. O'Donnell, Esq. Declan Joseph O'Donnell, PC 499 South Larkspur Dr. Castle Rock, CO 80104 on this 14th day of February, 2006. /s/ Paul B. Daiker PAUL B. DAIKER, Esq. Counsel for Defendant George Beros Matthew T. Kirsch, Esq. Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202