Free Motion for Hearing - District Court of Colorado - Colorado

Case 1:04-cr-00180-WDM

Document 169

Filed 12/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00180-WDM UNITED STATES OF AMERICA, Plaintiff, v. GWEN BERGMAN, Defendant. __________________________________________________________________ REQUEST FOR STATUS HEARING __________________________________________________________________ Comes now the Defendant, Gwen Bergman, by and through her attorney Edward A. Pluss, and hereby requests the Court set a hearing on the status regarding the proceedings as to the Defendant's competency, and as grounds therefore states as follows 1. Pursuant to Defendant's Motion for Determination of Competency To

Stand Trial, on November 2, 2006 the Court ordered CJA counsel ("Special Counsel") be appointed specially on behalf of the Defendant with regards to the issue of the determination of her mental competency. Further, the Court ordered a

Case 1:04-cr-00180-WDM

Document 169

Filed 12/13/2006

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that a psychiatric exam of the Defendant be conducted but that CJA counsel filed a Status Report no later than November 24, 2006 indicating what, if any conditions, the Defendant requests to be imposed as part of the order for examination. 2. On November 17, 2006, Special Counsel filed a Status Report and Request for Hearing indicating there was a conflict of between the Defendant and present defense counsel and requesting dismissal of present counsel due to this conflict of interest and request to appoint CJA counsel for all purposes, not just the issue of competency. Underlying this position of Defendant is that if present counsel is dismissed, the defense will be withdrawing the request for competency evaluation along with the Defendant's request to proceed pro se. 3. On December 11, 2006 the Defendant's Special Counsel filed a Motion for Hearing requesting that Court schedule a hearing on the matters contained in her Status Report. 4. Undersigned counsel on behalf of the Defendant concurs in the

Motion for Hearing and that the Court should schedule a hearing to determine the

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Case 1:04-cr-00180-WDM

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matters raised in Special Counsel's Status Report and order that a psychiatric examination of the Defendant for competency be conducted.

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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Case 1:04-cr-00180-WDM

Document 169

Filed 12/13/2006

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CERTIFICATE OF SERVICE I hereby certify that on December 13, 2006, I electronically filed the foregoing REQUEST FOR STATUS HEARING with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: David Conner, Assistant U.S. Attorney email: [email protected] Martha Eskesen, Atty. email: [email protected] Gwen Bergman (Via Mail) c/o Douglas County Jail 4000 Justice Way Castle Rock, CO 80104

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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