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

Case 1:03-cr-00128-WYD

Document 296

Filed 03/11/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 03-cr­00128-WYD UNITED STATES OF AMERICA v. DANA WEST, Defendant. _____________________________________________________________________ MOTION TO ALLOW DEFENDANT TO ACT PRO SE WITH COUNSEL REMAINING ON AN ADVISORY BASIS

COMES NOW Walter L. Gerash of WALTER L. GERASH LAW FIRM, P.C., who has been requested by his client/Defendant herein, to submit the following motion: 1. The undersigned counsel has conferred with the Assistant U.S. Attorney, James Hearty, as to the government's position on this motion. Mr. Hearty states he objects to the relief requested herein. 2. As this Court is aware, the Defendant personally filed his own motion, without assistance of counsel, requesting that he be allowed to proceed pro se, which was designated as Document No. 294 in the Court's file. The Court then entered its Minute Order on March 7, 2008, denying the Defendant's motion.

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Case 1:03-cr-00128-WYD

Document 296

Filed 03/11/2008

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3.

The Court will recall that, on January 17, 2008, this Court ORDERED that "Defendant is competent within the meaning of the law and his competency is in effect restored." See Document 279.

4.

Defendant has advised the undersigned counsel, as well as his other named co-counsel, that Defendant wishes to proceed pro se in this case.

5.

Defendant has directed his undersigned counsel to file the within motion, and further to request that this Court recognize and incorporate herein the Defendant's own motion which contains the Defendant's bases and reasoning behind this request.

6.

Undersigned counsel has advised the Defendant that this action by Defendant is contrary to this counsel's advice and, in addition, counsel believes such action will jeopardize the acceptance of the Assistant U.S. Attorney's plea offer which this undersigned counsel believes is appropriate, proper and in the best interest of this Defendant.

7.

In spite of the above advice by the undersigned counsel to his client, the Defendant, he continues in his desire to represent himself pro se, and requests that the Court allow the undersigned counsel to remain in this case in an advisory position to Defendant herein.

8.

It would be in the best interest of all parties concerned if this Court could rule

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Case 1:03-cr-00128-WYD

Document 296

Filed 03/11/2008

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on this motion forthwith, before 5:00 P.M. on March 12, 2008. WHEREFORE, counsel submits this Motion, at the request of his client/Defendant, requesting that this court allow Defendant to proceed pro se, and for such other and additional relief as to this Court may seem appropriate. Respectfully submitted this 11th day of March, 2008. WALTER L. GERASH LAW FIRM, P.C.

s/ Walter L. Gerash Walter L. Gerash 1439 Court Place, Denver CO 80202 PH: 303-825-5400 ATTORNEY FOR DEFENDANT Original signature on file at the Walter L. Gerash Law Firm, P.C.

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Case 1:03-cr-00128-WYD

Document 296

Filed 03/11/2008

Page 4 of 4

CERTIFICATE OF SERVICE The undersigned hereby certifies that she has electronically filed the above and foregoing: MOTION TO ALLOW DEFENDANT TO ACT PRO SE WITH COUNSEL REMAINING ON AN ADVISORY BASIS with the Clerk of the Court, using the CM/ECF system, which will send notification of such filing, via e-mail, to the prosecuting attorneys and co-counsel for Defendant, as follows: James Hearty, Esq. Assistant United States Attorney 1225 ­ 17TH Street, Suite 700 Denver, CO 80202 Harvey A. Steinberg, Esq. Springer & Steinberg, P.C. 1600 Broadway, Suite 1200 Denver, CO 80202 Robert Corry, Esq. 600 - 17 Street, Suite 2800 South Tower Denver, CO 80202
th

Dated: March 11, 2008

s/ Marjorie Reinhardt

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