Free Status Report - District Court of Colorado - Colorado

Case 1:03-cr-00128-WYD

Document 258

Filed 10/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 03-cr-000128-WYD United States of America, Plaintiff, v. 1. DANA WEST, Defendant.

UNITED STATES' STATUS REPORT REGARDING ORDER FOR COMPETENCY EVALUATION

The United States of America, by its undersigned counsel, hereby files a status report to inform the Court of the status of the Court-Ordered competency evaluation. 1. On June 26, 2007 the Court ordered that the defendant undergo a

psychiatric examination pursuant to 18 U.S.C. § 4241(b) and designated Dr. Karen Fukutaki to conduct the examination. [Dkt. # 246] The Court also ordered that the examination period not exceed 30 days beginning from the date Dr. Fukutaki first sees the defendant. 2. As of the date of this filing, government counsel has been advised by Dr.

Fukutaki that she has yet to see the defendant to conduct the Court-ordered competency evaluation ordered four months ago.

Case 1:03-cr-00128-WYD

Document 258

Filed 10/25/2007

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3.

By letter sent to defense counsel on September 13, 2007, government

counsel advised that if the examination of the defendant has not started by the end of September, the government would update the Court regarding the status of the examination. See Exhibit A. 4. On October 10, 2007, government counsel spoke with Mr. Gerash regarding

the competency evaluation and Mr. Gerash indicated that he would work with Dr. Fukutaki to arrange the examination. He also indicated that he would be out of town during part of October. On October 27, 2007, Dr. Fukutaki advised government counsel that she has not been contacted by Mr. Gerash.

Dated: October 25, 2007

Respectfully submitted, TROY A. EID United States Attorney by: s/ James O. Hearty JAMES O. HEARTY Assistant U.S. Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 FAX: (303) 454-0403 E-mail: [email protected] Attorney for the government

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Case 1:03-cr-00128-WYD

Document 258

Filed 10/25/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 25th day of October 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], [email protected]

Harvey A. Steinberg, Esq. [email protected]

by: s/ Janet D. Zinser JANET D. ZINSER United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0327 FAX: (303) 454-0403 E-mail: [email protected]