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

Case 1:07-cr-00091-SLR

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Filed 02/06/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER J. PHILLIPS, Defendant. : : : : : Cr. Action No.07-91-SLR : (Filed Under Seal) : : :

DEFENDANT PHILLIP'S EX PARTE APPLICATION FOR EXPERT SERVICES NOW COMES the defendant, Christopher J. Phillips, by his attorney, Raymond M. Radulski and pursuant to 18 U.S.C. § 3006 A (e) (1), files this ex parte application for expert services. 1. On or about July 13, 2007, the Court appointed the

undersigned counsel to represent the defendant pursuant to the Criminal Justice Act. 2. On January 10, 2008, defendant entered a plea to one count

of distribution of child pornography. 3. During the course of the representation, counsel has

become aware of certain facts and circumstances in defendant's background and surrounding the offense conduct which counsel

believes reflect psychological issues which merit examination by a mental health professional. 4. Counsel submits that such examination may disclose

information useful to the Court in fashioning an appropriate sentence for defendant. April 16, 2008. The sentencing presently is scheduled for

Case 1:07-cr-00091-SLR

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5.

Dr. Alvin Turner, a Delaware licensed psychologist, has

agreed to serve as a defense expert at a rate of $500.00 per hour to conduct an examination and/or testing, and to prepare a report of his findings. Dr. Turner previously has provided similar

services in criminal matters in this Court and in Delaware State courts. 6. Counsel believes that the assistance a mental health

professional such as Dr. Turner is necessary to aid and assist him in providing effective assistance of counsel in the sentencing phase of his representation of defendant. 7. Defendant requests that the Court issue an ex parte order

authorizing up to $2,500.00 in compensation to Dr. Alvin Turner for expert services. 8. Defendant further requests that the Court's ex part order, and this ex parte motion, be maintained under seal. WHEREFORE, it is respectfully requested that Defendant's ex parte motion for expert services be granted. Respectfully submitted, /s/ Raymond M. Radulski Raymond M. Radulski, Esquire Delaware Bar No. 332 Legal Arts Building, Suite 301 1225 North King Street Wilmington, DE 19801 (302) 658-9388

Date: February 6, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER J. PHILLIPS, Defendant. : : : : : Cr. Action No.07-91-SLR : (Filed Under Seal) : : :

ORDER OF THE COURT And now this _______ day of __________________, 2008, upon consideration of defendant's ex parte application for expert

services, it is hereby ordered that the motion is granted, and that defense counsel is authorized to secure services and reimburse expenses from Dr. Alvin Turner in an amount not to exceed $2,500.00 dollars. ex parte It is further directed that this order, and defendant's motion, shall be maintained under seal until the

conclusion of the case. By the Court,

__________________________ Hon. Sue Robinson