Free Motion to Continue - District Court of Delaware - Delaware

Case 1:06-cr-00031-JJF

Document 65

Filed 12/19/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA Plaintiff, v. FRANCISCO BARRERA-LOPEZ, SALVADOR MARTINEZ-TORRES, and JOSE LUIS BECERRA-YEPEZ, Defendants. : : : : : : : : : : :

Criminal Action No. 06-31-2-JJF

MOTION TO CONTINUE DEFENDANT MARTINEZ-TORRES' SUPPRESSION HEARING Defendant, Salvador Martinez-Torres, by and through his undersigned counsel, Christopher S. Koyste, hereby moves the Court for an order continuing the January 12, 2007 Suppression Hearing so that Mr. Martinez-Torres may undergo a mental health evaluation to determine whether he is competent to proceed. Counsel submits the following in support thereof: 1. Mr. Martinez-Torres was indicted for conspiring with Jose Luis Becerra-Yepez and

Francisco Barrera-Lopez to distribute 5 kilograms of cocaine. Mr. Martinez-Torres filed pre-trial motions, and a hearing on the motions is scheduled for January 12, 2007 at 12 p.m. 2. Counsel has met with Mr. Martinez-Torres several times and has noticed a recent and steady deterioration in his mental state. For example, Mr. Martinez-Torres has recently had delusional thoughts. Additionally, on December 8, 2006 Mr. Martinez-Torres was transferred from Salem County Prison to Gander Hill Prison after a situation occurred where Mr. Torres was reported to be both paranoid and delusional.

Case 1:06-cr-00031-JJF

Document 65

Filed 12/19/2006

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3.

Due to his mental condition, the Federal Public Defender's Office has retained a forensic

psychologist, Kirk S. Heilbrun, PHD, to evaluate Mr. Martinez-Torres. Dr. Heilbrun's evaluation should be completed by late January 2007.1 Thus, the Defense requests a continuance of the suppression hearing. 4. Counsel for the government, Assistant United States Attorney, Edmond Falgowski,

does not oppose this request to continue the suppression hearing. WHEREFORE, Mr. Martinez-Torres respectfully requests that the Court grant the Motion to Continue Defendant Martinez-Torres' Suppression Hearing and continue the hearing for at least six weeks, until or after the week of February 5, 2007, if consistent with the Court's calendar.

/s/ CHRISTOPHER S. KOYSTE, ESQUIRE Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 Email: [email protected] Attorney for Salvadore Martinez-Torres DATED: December 19, 2006

While Dr. Heilbrun will be seeing and examining the defendant in the near future, additional time is needed to obtain the defendant's medical records..

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Case 1:06-cr-00031-JJF

Document 65

Filed 12/19/2006

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CERTIFICATE OF SERVICE Undersigned counsel certifies that this Motion to Suppress Evidence is available for public viewing and downloading and was electronically delivered on December 19, 2006 to:

Edmond Falgowski, Esq. Assistant United States Attorney 1007 Orange Street, Suite 700 Wilmington, Delaware 19801

/s/ CHRISTOPHER S. KOYSTE, ESQUIRE Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 Email: [email protected] Attorney for Salvadore Martinez-Torres

Case 1:06-cr-00031-JJF

Document 65

Filed 12/19/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA Plaintiff, v. FRANCISCO BARRERA-LOPEZ, SALVADOR MARTINEZ-TORRES, and JOSE LUIS BECERRA-YEPEZ, Defendants. : : : : : : : : : : :

Criminal Action No. 06-31-2-JJF

ORDER In response to the Defense's Motion to Continue Defendant Martinez-Torres' Suppression Hearing, this Court hereby Orders on this ______ day of December 2006, that Defendant MartinezTorres' January 12, 2007 Suppression Hearing is continued to____________________, 2007 at ___________.

_____________________________ The Honorable Joseph J. Farnan, Jr. United States District Court Judge

cc:

AFPD Christopher Koyste AUSA Edmond Falgowski