Free Motion to Continue - District Court of Arizona - Arizona

Mark S. Iacovino, Esq., #010299 IACOVINO AND KAYLER 8180 N. Hayden Road, Suite D-204 Scottsdale, Arizona 85258 480-483-2404 Attorney for: Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. JAMES DAVID SNOW, II., the ) Defendant. ) ____________________________________) ) ) ) ) ) ) No. CR04-0489-001-PHX-SBR MOTION TO CONTINUE TRIAL ) (Trial set 09/06/05; Assigned to Hon. Susan R. Bolton)

Defendant, JAMES DAVID SNOW, II, by and through his undersigned attorney, hereby moves this court to continue the trial currently set in this matter for Tuesday, September 6, 2005 at 9:00 a.m. on the grounds and for the reasons as follows. Counsel for defendant has requested that four of the Government's witnesses (Deputy U. S. Marshals Joshua Butout, Earnie Grizzle and Michael Moran, and Maricopa County Adult Probation Officer Bill Harkins) grant interviews to discuss the investigation in this matter. Those interviews have not yet been scheduled and defendant requests additional time in which to schedule and conduct those interviews. In addition, the defense continues in its efforts to locate and interview two additional witnesses (namely, Jeremy Talarico and Brandon Beck) known to possess knowledge and information which is material and relevant to the defense. Interviews with these two additional witnesses are necessary to adequately prepare for trial. Case 2:04-cr-00489-SRB Document 24 Filed 08/17/2005 1 Page 1 of 2

The undersigned has discussed this motion with counsel for the Government, Bill Solomon, Esq., and Mr. Solomon has indicated that the Government has no objection to the continuance requested herein. Further, Defendant hereby waives his speedy trial rights for purposes of this motion and counsel avows that this motion is brought in good faith and not for the purpose of delay. Based on the foregoing, it is respectfully urged that the trial in this matter be continued to a new date convenient to the court not less than sixty (60) days from the date currently set. RESPECTFULLY SUBMITTED this 17th day of August, 2005. IACOVINO AND KAYLER /s/ Mark S. Iacovino Attorney for Defendant ORIGINAL electronically filed this 17th day of August, 2005 with: Clerk of the United States District Court 401 W. Washington Street Phoenix, Arizona 85003 @ http://ecf.azd.uscourts.gov COPY of the foregoing mailed this 17th day of August, 2005, to: The Hon. Susan R. Bolton United States District Court 401 W. Washington Street Phoenix, Arizona 85003 Bill C. Solomon, Esq. Special Asst. United States Attorney 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004 By: /s/ Mark S. Iacovino Case 2:04-cr-00489-SRB Document 24 Filed 08/17/2005 2 Page 2 of 2