Free Motion to Extend Time to File Pretrial Motions - District Court of Arizona - Arizona

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MATHEW & MATHEW, P.C. IVAN K. MATHEW (SBN: 011610) SUSAN T. MATHEW (SBN: 012916) 1850 N. Central Avenue, Suite 1910 Phoenix, Arizona 85004 Tel: (602) 254-8088 / Fax: (602) 254-2204 e-mail: [email protected] Attorneys for Defendant, RICHARD NAIL

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. HARVEY L. SLONIKER, JR., TYE SLONIKER, KINDY JONAGAN, ROBERT SHINN, RICHARD NAIL, and JOHN DESIDERIO, Defendants.
CASE NO. 04-CR-820-PHX-FJM

DEFENDANT RICHARD NAIL'S MOTION TO EXTEND THE TIME TO FILE PRETRIAL MOTIONS (Assigned to the Hon. Frederick J. Martone)

Defendant, Richard Nail, represented by Ivan K. Mathew, respectfully requests additional time to file pretrial motions, as the Government has not provided discovery, has informed counsel that they are still in the process of deciding Rule 404(b) charges and intend to supplement and provide discovery. On August 1, 2005, the Government disclosed its expert witness disclosures. The expert witness disclosure failed to comply with F.R.Crim.P. 16(a)(1)(G.) Their disclosures failed to provide the opinions of the experts, the basis and reasons for those opinions and the witnesses' qualifications. The Government was also ordered to provide exculpatory Brady Materials. On September 30, 2005, they provided approximately 20 pieces of paper. Finally, on September 30, 2005, the Government informed defense counsel that they were in the

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process of alleging other bad acts under Rule 404(b) against Kindy Jonagan and Harvey Sloniker. As there is additional information to be produced which will give rise to motions, it is respectfully requested that the pretrial motions deadline be extended. It is expected that excludable delay under Title 18 U.S.C. § 316(h)(1)(F) will occur as a result of this motion or from an order based thereon. RESPECTFULLY SUBMITTED this 30th day of September, 2005. MATHEW & MATHEW, P.C By: _____s/Ivan K. Mathew___________ Ivan K. Mathew Attorneys for RICHARD NAIL
CERTIFICATE OF SERVICE United States of America v. Sloniker, et al., 04-CR-820-PHX-FJM I hereby certify that on September 30, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Paul K. Charlton United States Attorney Rachel C. Hernandez Gary M. Restaino Assistant U.S. Attorney e-mails: [email protected];
[email protected] Attorneys for Plaintiff United States of America

Gregory T. Parzych Maricopa Legal Defenders Office e-mail: [email protected] Attorneys for Defendant Tye Sloniker

Thomas M. Hoidal Hoidal & Hannah, P.C. e-mail: [email protected] Attorneys for Defendant John Desiderio Jeanette E. Alvarado Asst. Federal Public Defender e-mail: Jeanette [email protected] Attorneys for Defendant Robert Shinn

Michael J. Bresnahan e-mail: [email protected] Attorneys for Defendant Kindy Jonagan Bruce Blumberg Blumberg & Associates [email protected] Attorneys for Harvey Sloniker
s/Candace Deegan 2

Case 2:04-cr-00820-FJM

Document 145

Filed 09/30/2005

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