Free Motion to Appoint Expert - District Court of Arizona - Arizona

1 LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C. Michael J. Bresnehan, Esquire 2 1761 East McNair Drive, Suite 101 Tempe, AZ 85283-5002 3 480-345-7032 [email protected] 4 State Bar No.: 009415 5 Attorney for Defendant 6 7 8 9 10 11 vs. 12 TEDDY LEE LOWE, 13 14 15 16 17 18 19 defendant by testing the guns found in defendant's automobile for the presence of DNA, and the identity of the individuals who deposited that DNA, all for the reasons set forth in the COMES NOW the defendant, by and through the undersigned attorney, and pursuant to 18 U.S.C. §3006A, hereby moves this Court to appoint DNA expert, Marc Scott Taylor, to assist the Defendant. United States of America, Plaintiff, IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No.: CR-04-487-PHX-ROS MOTION FOR ORDER APPOINTING EXPERT (DNA)

20 accompanying memorandum of points and authorities. 21 Excludable delay pursuant to 18 U.S.C. §3161(h)(1)(F) may occur as a result of this motion

22 or from an order based thereon. 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES Case 2:04-cr-00487-ROS Document 116 Filed 08/29/2005 Page 1 of 3 MICHAEL J. BRESNEHAN, P.C. s/ Michael J. Bresnehan Attorney for Defendant RESPECTFULLY SUBMITTED this 29th day of August, 2005 by

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The defendant is charged with inter alia, Felon in Possession of a Firearm. Recently, the

2 government alleged that defendant qualifies for 18 U.S.C. §924(e) treatment. If the government is 3 4 5 6 correct, the defendant faces a minimum prison sentence of 15 years, if convicted. The government alleges that the defendant was in actual or constructive possession of four guns found in his vehicle by the BATF/police. The defendant asserts that three of the guns

7 belonged to Lita Yvonne Young and the fourth to Colon Childress. The defendant further asserts 8 he never possessed those weapons, actually or constructively. To advance his defense, the 9 defendant seeks to have all four guns tested for the presence of DNA, and to the extent that DNA is 10 11 12 13 recovered from one or more of the guns, establish that the DNA is not defendant's, but rather, Lita Young's or Colon Childress'. In order to accomplish this, defendant will need the employ of an expert in DNA detection

14 and analysis. The defendant has contacted Marc Scott Taylor and he is willing to perform the 15 necessary tests. His fee for doing so would be approximately $10,000.00. 16 17 18 19 20 21 22 23 24 25 Copy of the foregoing delivered this 29th day of August, 2005, to: 26 27 Honorable Roslyn O. Silver 28 United States District Judge Sandra Day O'Connor U.S. Courthouse, Suite 624 Case 2:04-cr-00487-ROS Document 116 2 Filed 08/29/2005 Page 2 of 3 s/ Michael J. Bresnehan Michael J. Bresnehan Attorney for Defendant The appointment of the above-described expert is necessary for the adequate representation of the defendant. A copy of the experts curriculum vita is attached hereto. RESPECTFULLY SUBMITTED this 29th day of August, 2005 by MICHAEL J. BRESNEHAN, P.C.

1 401 West Washington St., SPC59 Phoenix, AZ 85003-2158 2 Bill Solomon, Esq. 3 Assistant U.S. Attorney Two Renaissance Square 4 40 N. Central, Suite 1200 Phoenix, Arizona 85004-4408 5 Teddy Lee Lowe 6 Defendant 7 8 By__s/ Michael J. Bresnehan 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:04-cr-00487-ROS Document 116 3 Filed 08/29/2005 Page 3 of 3