Free Status Report - District Court of Colorado - Colorado

Case 1:03-cr-00128-WYD

Document 274

Filed 12/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 03-cr-00128-WYD United States of America, Plaintiff, v. 1. DANA WEST, Defendant.

JOINT STATUS REPORT

Comes now the United States of America, through Assistant United States Attorney James O. Hearty, and the defendant, Dana West, through counsel Walter L. Gerash and respectfully submits this Joint Status Report pursuant to the Court's Order dated December 3, 2007. 1. Both parties have received the Competency Evaluation Report dated

November 26, 2007, by the Court-selected psychiatrist Dr. Karen Fukutaki. Both parties have had sufficient time to review the report. 2. Based upon the report and Dr. Fukutaki's opinion that the defendant is

competent to proceed, the parties stipulate that the defendant is now competent. Accordingly, the parties agree that the Court should take judicial notice of Dr. Fukutaki's Competency Evaluation Report and her conclusion that the defendant is competent.

Case 1:03-cr-00128-WYD

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3.

The parties agree that the Court should set a competency hearing within the

next few weeks but do not anticipate presenting evidence at the hearing. 4. Finally, the parties are in plea negotiations and will be able to update the

Court on the status of those negotiations at the competency hearing.

Dated: December 11, 2007

Respectfully submitted, TROY A. EID United States Attorney s/ James O. Hearty By: James O. Hearty Assistant U.S. Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 (303) 454-0100 F: (303) 454-0403 [email protected]

WALTER L. GERASH LAW FIRM, P.C. s/ Walter L. Gerash Walter L. Gerash, 1439 Court Place Denver, CO 80202 [email protected] ATTORNEY FOR DEFENDANT

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Case 1:03-cr-00128-WYD

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Filed 12/11/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 11th day of December, 2007, I electronically filed the foregoing pleading with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Walter L. Gerash, Esq. [email protected]

Harvey A. Steinberg, Esq. [email protected]

s/ Victoria Soltis United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, CO 80202