Free Motion to Expedite - District Court of Colorado - Colorado

Case 1:01-cr-00341-WDM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-cr-00341-WDM UNITED STATES OF AMERICA, Plaintiff, v. PERFECTO VILLARREAL, Defendant. __________________________________________________________________ MOTION FOR EXPEDITED HEARING ON REVOCATION OF CONDITIONAL RELEASE OR IN THE ALTERNATIVE, EMERGENCY ORDER TO TRANSPORT THE DEFENDANT FOR MENTAL HEALTH EVALUATION AND TREATMENT __________________________________________________________________ Comes now the Defendant, Perfecto Villarreal, by and through his attorney, Edward A. Pluss, and moves for an expedited hearing on Revocation of Conditional Release or for an Emergency Order that the Defendant be transported to Federal Medical Facility for mental health evaluation and treatment. Counsel advises the court of the following history and recent developments as follows: 1. On September 26, 2001, the Defendant was charged in a one count

Indictment with bank robbery by force or violence in violation of 18 U.S.C. § 2113(a).

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2.

On September 30, 2003, the Defendant after trial to the court, was

found not guilty by reason of insanity and remanded to the custody of the Attorney General for the Defendant's care and treatment. On December 8, 2003, the court issued an Order conditionally releasing the Defendant with various terms. 3. On April 9, 2004, a Petition to Revoke the Defendant's Conditional

Release was filed and a Warrant of Arrest was issued against the Defendant premised upon a state court robbery committed by the Defendant. The Defendant was then sentenced by the state court. 4. Recently, the Defendant was paroled from a Colorado Department of

Corrections mental health facility and brought to this Court for his initial appearance on the Petition to Revoke the Defendant's Conditional Release. 5. On March 1, 2007, a Detention/Preliminary Hearing was scheduled

for the Defendant. On March 1, 2007, Undersigned Counsel was informed by the United States Marshals, that the Defendant had been taken from the Clear Creek County Jail and hospitalized because the previous evening, the Defendant had injured himself by banging his head against the walls and bars of the Defendant's cell in the Clear Creek County Jail.

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6.

The Defendant has a long term history of mental illness and psychotic

behavior. Probation Officer Kathy Keenan of the United States Probation Office whi is in charge of supervising the Defendant has informed Undersigned Counsel, that while the Defendant was in the custody of the Colorado Department of Corrections, he had to be forcibly medicated in order to control his behavior. Apparently, once the Defendant was transferred to federal custody, he has not voluntarily taken his medication and it is Undersigned Counsel's belief that he is a psychotic and a danger to himself. 7. Title 18 U.S.C. § 4243(g) requires that a hearing be afforded the

Defendant before his conditional release maybe revoked. Consequently, a hearing on the Defendant's conditional release needs to be heard as soon as possible. 8. While the Defendant is currently in a medical hospital after being

transferred from Clear Creek County Jail, counsel suggests, if possible, that the Defendant appeared at hearing by video from FCI Englewood. 9. In the alternative, Undersigned Counsel suggests the court issue an

Emergency Order that the Defendant be transported to a Federal Medical Facility in order to be evaluated and treated for his mental condition and to report the court

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and all counsel as to the current mental status of the Defendant and his ability to participate in a hearing to revoke his conditional release.

Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Edward A. Pluss Edward A. Pluss Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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CERTIFICATE OF SERVICE

I hereby certify that on March 1, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Joseph Mackey, AUSA email: [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Kathy Keenan, USPO (via email) email: [email protected] Steve Wallisch (via Fax) U.S. Marshal's Office Perfecto Villarreal (via Mail) Reg. No. 30635-013 c/o Clear Creek County Jail PO Box 2000 Georgetown, CO 80444

s/ Edward A. Pluss Edward A. Pluss Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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