Free Transcript - District Court of Arizona - Arizona

1 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, vs. Plaintiff, ) ) ) ) ) )

DANIEL SAMANIEGO-CACHON, Defendant.

CR 03-01097-03

) ) ) __________________________________ ) BEFORE:

May 9, 2008 11:04 a.m.

THE HONORABLE ROSLYN O. SILVER, JUDGE

REPORTER'S TRANSCRIPT OF PROCEEDINGS STATUS HEARING A P P E A R A N C E S For the Government: By: LISA J. SETTEL, ESQ. U.S. Attorney's Office 40 North Central Avenue, Suite 1200 Phoenix, AZ 85004-4408 602.514.7500 For the Defendant: MICHAEL S. REEVES, ESQ. Law Office of Michael S. Reeves 1212 East Osborn Road Phoenix, AZ 85014 602.604.7577 Official Court Reporter: Elaine Cropper, RDR, CRR, CCP Sandra Day O'Connor U.S. Courthouse, Suite 312 401 West Washington Street, Spc. 35 Phoenix, Arizona 85003-2151 (602) 322-7249 Proceedings Reported by Stenographic Court Reporter Transcript Prepared by Computer-Aided Transcription United States District Court

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2 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

P R O C E E D I N G S
(Proceedings interpreted by Marcia Resler.) (Court was called to order by the courtroom deputy.) THE COURT: Please be seated. This is case number CR 03-1097,
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COURTROOM DEPUTY:

United States of America v. Daniel Samaniego Cachon, on for status conference. MS. SETTEL: for the United States. THE COURT: MR. REEVES: Good morning. Good afternoon, Your Honor. Michael
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Good morning, Your Honor.

Lisa Settel

Reeves on behalf of Daniel Samaniego-Cachon who is present with me. THE COURT: All right. Good morning. We had a hearing previously and,
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Mr. Reeves, you said there was some problem with your client receiving the medication that he was supposed to receive. have received a letter from Dr. Hamadi. received that letter? MS. SETTEL: MR. REEVES: THE COURT: MR. REEVES: Yes, Your Honor. Yes, Your Honor. Now, Mr. Reeves, what's your position? Your Honor, I have listed on the board
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I

Have both counsel

over here the medications that my client was on according to the reports that I have received at various different times for United States District Court
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3 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these proceedings. The court will notice that the report from
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3-23-07 from Butner says that my client was on venlafaxine and prazosin. Then the CCA report, and this is consistent with the

report that Dr. Hamadi has submitted today, says that when they received him, they tried to put him on Haldol, Cogentin, and Prozac. Now, Dr. Hamadi's note today, report today, tells us that he got that information from two different transfer orders. He says transfer papers. We've never seen those
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transfer papers so we don't know why he would be given different medical reports than we've received from Butner. But

apparently he has some reports that told him to put Daniel on these new medications. THE COURT: Well, it may well be that he was on those
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medications when he was transferred and you just don't have that information because as you have expressed here on the chart, the information you have was as of March 23 of '07 which was some time prior to the time he was transferred. And I have

no reason to believe that Dr. Hamadi's reports are inaccurate but we'll ask him in a minute. And I don't know why you were not given the reports from Butner, but I'm sure Dr. Hamadi will provide those reports to you. And it appears that as of -- and according to Dr. Hamadi, he has been compliant with his psychotropic United States District Court
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4 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 medications since 4-13-08 and his current medications are Prozac and Risperdal. MR. REEVES: Yes. And I believe at the bottom of my
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chart here I put that he was on fluox -- I don't know how you say that, fluoxetine and Risperdal. I believe that fluoxetine
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is a generic for the Prozac, although I need to ask Dr. Hamadi that to make sure. What we're missing, Your Honor, is when both myself and counsel for the government have talked with Dr. Lucking, he has told us in different conversations at separate times that Daniel should not be on Haldol. he should not be an Haldol. Specifically he mentioned that
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And Dr. Hamadi's report or the CCA

report -- I don't know if it was authored by Dr. Hamadi or not -- in October of '07 said that my client was diagnosed with schizo-affective disorder. And I don't know where that came
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from because I haven't seen that from anything from Dr. Lucking. And I believe that might be where the confusion

has come in; but, again, we can ask Dr. Lucking about this. THE COURT: MR. REEVES: All right. Just one.
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But the one thing we're sure of is

Dr. Lucking has told both of us that he's not on the right meds if he's on Haldol, Cogentin, and Prozac. THE COURT: MR. REEVES: Those aren't --

And how long ago did you speak to him? First part of April. About the time
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we -- whenever we brought this matter to the court's attention, United States District Court

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5 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stated? DR. HAMADI: THE COURT: Yes, I did, Your Honor. And when you say there are transfer
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about that time. MS. SETTEL: I spoke with him, too, Your Honor, and

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he and Dr. Lucking, in no uncertain terms, said that the defendant should not be on any of those: that small amount of Prozac. Haldol, Cogentin, or
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According to him, he told me that

those were antipsychotic medication and he never diagnosed this defendant with psychotic tendencies. THE COURT: phone? DR. HAMADI: THE COURT: Yes, Your Honor. And have you heard what counsel have
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All right.

Dr. Hamadi, are you on the

papers that show that he is to take or was taking Haldol, 10 milligrams twice a day; and Cogentin, one milligram; and Prozac 10 milligrams, are you sure that those are accurate? DR. HAMADI: Yes, Your Honor. If you allow me, I can

summarize what I heard and what has been happening here. THE COURT: DR. HAMADI: All right. Go ahead.
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Your Honor, the first time I saw He was in our

Mr. Samaniego-Cachon was on September 28, 2005.

facility from that time until December 30, 2005, at which point he was transferred out. During that initial stay, he provided
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that he was treated since he was a little child on various United States District Court

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6 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 medications. He was hospitalized in Honduras and was given
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some medication and prior to his incarceration, he was taking certain medicine but was unsure what was the name of those medications. The information I got at that point was fairly limited except that he complained of some depression. Occasionally, he hears voices of his deceased parents and some delusional thoughts, so I diagnosed him with major depressive disorder with psychotic feature. On my follow-up visit in a month from then, and the date was October 29, 2005, he presented much more with delusions and the voices were becoming far more intense than what he initially reported. criteria of schizophrenia. When people have schizophrenia and in between the schizophrenic episodes, they do exhibit symptoms of depression or bipolar disorder. It is called schizo-affective disorder.
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So at this point he did meet the

And then we specify, the psychiatrist, what type of specific disorder that is. And in this case I diagnosed him with a
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schizo-affective disorder and depressed type. I changed his medication because he was having adverse reaction to the Thorazine that I initially started him and, instead, gave him Risperdal to which he agreed. And that

was the medication, along with Prozac, that he left our facility in December. So that is what happens in the first
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United States District Court

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7 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stay. Then, looking at my notes, I saw him one more time in March, actually March 10, 2006, three months after that he was in our facility and I believe he was transferred out again. am unsure where exactly he went. until September 24, 2007. I
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But then he did not come back

And at that time I evaluated him

again, and I have been consistently following up after that. Looking at the transfer summary, it's called Medical Summary of Federal Prisoner, slash, Alien in Transit, and it's US Department of Justice form number form USM-553. That is the
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transfer summary that I got from when he arrived this time. And this form is actually dated 12-7-2007 on which the other supporting evidence is that he had his PPD, which is a tuberculosis test, performed on November 30, 2007. So somehow we got this paper and in this paper Mr. Samaniego Cachon, Daniel, inmate number 83712008, which is consistent with the record that we have. And in this one his medical problems are diagnosed, number one, combined drug and alcohol, exposed to syphilis and number three is schizo-affective disorder. And he was, at this
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point, on Haldol, 10 milligrams, one tablet, twice daily; and fluoxetine, which is a generic for Prozac, 10 milligrams, one capsule every day. And that is the report that I have.

And there is another report around the same time which only labeled the fluoxetine, 10 milligrams, which I United States District Court
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8 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 address. believe is the backside of this form because usually it comes from the pharmacy when the medication arrives and then they are transferring the patient. They stick the level at the back of
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this form so that we know when was the last time it was prescribed and what he is transferred on and how many refills the medicine has. THE COURT: about these forms. What is the title of the forms? the fall of 2007. DR. HAMADI: On the top it says Medical Summary of And then it says US These are forms in
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All right.

Dr. Hamadi, let me ask you

Federal Prisoner, slash, Alien in Transit.

Department of Justice and then it has the patient's identification information on the top, then current medical problems and current medications, and then special need affecting transportation. And at the bottom it says the form, I'm assuming that this form was
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USM-553, established ESP 6-98. used in June of '98. THE COURT: DR. HAMADI:

Is it signed? It is signed by a -- it says -- I think
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it is LPN or the transferring nurse that filled out this information. THE COURT: DR. HAMADI: Can you -- does it have an address? No. The signature doesn't have any
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It just has fine imprint name certifying authority United States District Court

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9 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and I don't know what is the name. But it looks like it's one
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of the LPNs, the nursing staff might have signed it. THE COURT: Is it similar to the type of forms that

you generally receive from the federal hospitals? DR. HAMADI: Yes, Your Honor. Yes. That is the form
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that these people actually -THE COURT: it came from Butner? DR. HAMADI: No, Your Honor. I do not see any
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Is there any way to tell whether or not

information on this one. THE COURT: Did you receive such a form sometime in

2005 or 2006 when he was -- I guess March of 2006 when he was transported? DR. HAMADI: Your Honor. March of 2006. Let me look at that, I've got another form and
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I've got from January.

I don't know what date it is. this time as well.

Maybe one of these that came at

The last -- it doesn't give me the date It is a scanned document, Your Here it is.
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when the form was filled. Honor.

So I'm just looking through the computer.

The date is September 10, 2007, and on the front of the chart it's the same thing, medical summary of federal prisoner, slash, alien in transit, and in the medication section it says "see attached." On the back of this one which says -- it says "see attachment," I'm not sure. It says on the back there is a

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10 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 label from the pharmacy which says Pharmacy Services, SPC Oklahoma, OK 73189, and the treatment number, and the addressee, Daniel, his number. Take one capsule by mouth every
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morning and the prescription is fluoxetine, which is Prozac, 10 milligram capsule. November 11, 2007. THE COURT: DR. HAMADI: And you said it's from Oklahoma? That is the label from the pharmacy. Number 30. No refills. And it expires on
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What I have seen in the past, and I'm not really sure but when people are transferred out from Butner, they usually go to some transit facility before they are transferred to our facility. And I have a feeling that he did go to Oklahoma for a brief moment of time, and that is where his prescription was refilled and was sent to us. THE COURT: All right. Thank you. Dr. Hamadi,
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you've also said that you did change the medication he's on, Risperdal and Prozac? DR. HAMADI: Right, Your Honor. When he arrived, I

informed him he had come from the competency evaluation and that he must take the medicine as it is ordered in the chart at the other facility so he agreed to that. signed the consent form. And, in fact, he
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But a week or two later, I got a note

from the nursing staff that he had been refusing medication. The mental health coordinator did talk to him. He had been
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signing the refusal form all along so I noticed the U.S. United States District Court

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11 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Marshal Service because he was noncompliant and I didn't have any court order to force-medicate. At that point actually I got the court order from your court, Your Honor, and we said that I must meet the client in the presence of his attorney and a meeting was arranged with Mr. Reeves and he was present. And he -- to the best of my knowledge, I explained everything that I'm explaining right now to Mr. Reeves and there was a couple of other attorneys. One was representing
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me, Miss Kamal (phonetic), and there was one representing CCA, Mr. Strike (phonetic). So we all were in the room. We used the

interpreter for the translation services and I spent just over an hour explaining exactly what the treatment options are, what were the consequences of not taking the medication and gave him the option. He has refused to take Haldol at that point. He said
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he was having side effects from it and so we all agreed and he signed the consent form after getting the informed consent information on it and agreed to take Risperdal and fluoxetine and I continued those medications. He has been taking
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medication since then fairly inconsistently and has signed refusal form on many occasions. But in the last month, I think

it's April 13, he has been taking more consistently now. THE COURT: DR. HAMADI: Okay. I do not have any record here but I am
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12 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 looking at which says that he was ever on venlafaxine. THE COURT: Well, Mr. Reeves, he apparently is on the
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medication now and he is taking it. MR. REEVES: Well, the issue is why is he on the
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medication he's on when the reports that we've had from Lucking was that he was on the venlafaxine and the prazosin, which I understand are drugs that are given because of posttraumatic stress disorder and related problems, nightmares and such, and then the medication he's on now are for schizo-affective disorder, two very different matters. THE COURT: is Dr. Walter? MR. REEVES: Dr. Walter is my doctor and he's just That Well, it does also say Dr. Walter -- who

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simply reporting what he read from the different reports. is his -- he wrote a report to the court in February and he

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noted that the CCA medications were Risperdal and Prozac and he brought it up to the -THE COURT: Well, he says Effexor and prazosin.

According to Dr. Walter, it says Butner meds are Effexor and prazosin so he's got a different view than Dr. Lucking about what the medications were at Butner. MR. REEVES: This may be a question for Dr. Hamadi.
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I don't know if venlafaxine and Effexor are the same thing, one generic of the other. THE COURT: I just don't know. Dr. Hamadi, are Effexor and venlafaxine,
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13 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are they the same? DR. HAMADI: Yes. Venlafaxine is the generic name All of these
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for Effexor and that is also an antidepressant.

medications, which are antidepressant, including venlafaxine and fluoxetine, which is Prozac, are associated with posttraumatic stress disorder, a stress disorder, not necessarily that they treat the symptoms of PTSD. control the depressive symptoms of those. been used extensively. Even if he did not have a diagnosis of schizophrenia which, in my opinion he does have, PTSD is treated with antipsychotic medication because of the flashback and nightmares. And both Haldol and Risperdal are from that class
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It does

And they both have

of medications which are used for PTSD. THE COURT: So you have changed the medication from
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Haldol and Cogentin to Risperdal? DR. HAMADI: Because patient was refusing to take the

Haldol and he was describing some side effects from the medication, so I did not see the point of continuing if it was having adverse reaction. Risperdal at that point. Also, in my opinion, what he has described and what I diagnosed him with is the schizo-affective disorder, bipolar type. That means not just the depression. He also has So
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That is the reason I switched him to

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exhibited or reported the symptoms of many in the past. United States District Court

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14 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Risperdal was a better choice than Haldol because it is indicated for bipolar disorder as well as schizophrenia. other words, you can have both conditions treated with one medication. THE COURT: All right. Thank you.
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So in

The important thing is when he was transferred, he was competent and I have no idea if he's competent now. need to have a competency hearing as soon as it can be determined by a doctor that he's competent. arrange that? Dr. Hamadi doesn't do that. No. Dr. Walter has issued his report How soon can we
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We

MR. REEVES:

saying that in his opinion he's not competent and Dr. Lucking, I don't know what his position is going to be right now. THE COURT: Well, Dr. Lucking hasn't seen him and But Dr. Lucking did see
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Dr. Walter hasn't seen him recently.

him and did find him competent as of the hearing that we had and said he could be transported. MR. REEVES: THE COURT: MR. REEVES: Right. That was some time ago. Dr. Lucking has somewhat modified his
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position giving some of the information that he has received that my client was not sharing with him when he was at Butner. THE COURT: Well, I haven't -- as I told Dr. Lucking

a number of times, he has to put something in writing and to tell you, Mr. Reeves, is not going to get it. United States District Court As you know, I
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15 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 haven't. MS. SETTEL: I haven't talked to him recently but
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have had a hearing with Dr. Lucking in the past.

I have been

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concerned about his providing information to me that he claimed was inaccurate where somebody signed the form. be the warden. It happened to

And so -- and I told Dr. Lucking if he had any
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information, you should provide it to me in writing. Now, I'm going to issue an order to him. know if you've talked to him recently. MR. REEVES: No. Have you? I don't

I think the government has but I

what I believe defense counsel means by he has changed his mind is that what Dr. Walter has said recently is that the defendant -- and I believe defense counsel, the defendant had a chip in his head and all of that. Well, all of the 18 months that this is defendant was at Butner, that was never brought up. Nothing that would show
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any kind of psychotic symptoms was brought up so the doctor said, "I never examined him for that or treated him for that because no one ever told me he was hearing voices or having a chip in his head during the 18 months he was here at Butner." So what the doctor told me is if that was true, then he would have to reevaluate him. THE COURT: Well, what we're going to do is have is We need the government to get a
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have a reevaluation here.

doctor here to evaluate him here. United States District Court

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16 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 March. THE COURT: And whoever you get on behalf of the If Dr. Walter takes the position that he is still incompetent -- and I can't remember when the last time Dr. Walter saw him. MR. REEVES: It was either late February or early
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United States government to determine his competency at this time, you are to provide the doctor all information and have the doctor talk to Dr. Lucking. And when I say "all
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information," that includes the transcripts of the proceedings we had. Now almost three years ago, four years ago -- no, three years ago -- well, actually it was last summer so it was in August of 2007. He's to be provided all of that.

My concern has been and continues to be what Dr. Lucking said is that this defendant is attempting to avoid the consequences of the charges against him so that's the first issue and that is to be done as soon as possible. If other medication is advised by Dr. Walter or any doctor that the government believes needs to be consulted, then all of that information needs to be provided to Dr. Hamadi and it needs to be provided in an appropriate form. Both

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counsel -- I don't know who is going to be more effective doing this but both counsel are to get all documentation that Dr. Hamadi has found and provide it to Dr. Lucking to see if it United States District Court
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17 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can be discerned how the medication was changed. Now, I don't know if this occurred during transit because apparently there is a place where these defendants are transferred to until they are transferred to the designated designation and he was apparently in Oklahoma. So I don't know
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what all of that means, but it seems to me that Dr. Lucking should be able to identify the documents that Dr. Hamadi is talking about. And according to Dr. Hamadi, these are not

unusual documents that he has received. So the most important issue is to get the defendant on the medication he needs so that his mental health is stabilized and that, secondly, if he can be, that he's restored to competence. Secondly, we need an evaluation by the government and a local evaluation to determine whether or not he's competent today. And all of the reports from the psychiatrist for the defense and all of the reports from Butner, all of the reports from Dr. Hamadi are to be provided to both psychiatrists. So everything needs to go to Dr. Walter. needs to go to the appointed psychiatrist. be done as soon as possible. Everything
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And this needs to

And I will sign whatever orders This man has been in

are necessary to get this accomplished. custody for almost four years. months.

He has been at Butner for 18
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I don't know if the time has been -- it is time for United States District Court

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18 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 custody for the offense for which he has only been charged has expired? MS. SETTEL: No. He's looking at a life sentence,
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Your Honor, followed by additional time if he was to be convicted. And he still is serving his state sentence. around 10 years I believe in the state. THE COURT: recall that. against him. MS. SETTEL: May I ask a question, just since All right. I have been -- I think I He got
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I have been refreshed that those are the charges
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Dr. Hamadi is on the phone, because I have -THE COURT: MS. SETTEL: Yes. I have one area of confusion.
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Dr. Hamadi, the medication that this defendant was on when he left Butner, venlafaxine and prazosin, how are those different from his current medication, Fluoxetine and Risperdal? DR. HAMADI: Actually, I don't have any records

indicating that he was on venlafaxine and prazosin, number one. Number two, venlafaxine is another type of antidepressant which works on different receptors in the brain. So it does help

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with the depression and it also helps with the anxiety and so does the Prozac, the fluoxetine does. It's a personal
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preference of certain psychiatrists do use one over the other United States District Court

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19 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or the tolerance by the patient and the response to this particular medication. So in my opinion, they are basically addressing the same issues. As far as prazosin is concerned, that is a blood One of the
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pressure medication, not a psychotropic medication.

side effects of venlafaxine is it can raise the blood pressure. So I'm not sure if this blood pressure was high because of the venlafaxine or they were giving it for -- as a preventive nature to him. I do not recall any other indication of the
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presence of psychiatric issues. THE COURT: All right. Dr. Hamadi, let me ask a

follow-up question and that is whether or not you have reviewed the reports of Dr. Lucking and some of the information may be new to you concerning Dr. Lucking's concern that he may be manipulating the system. DR. HAMADI: THE COURT: Your Honor, I have not seen the reports. All right. Then we will provide those
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reports to you and that is not for the purpose of determining whether or not he's competent, because you've indicated that's not your expertise, but for the purpose of treatment. This report says quite clearly that he was on venlafaxine and prazosin. So anyway, we'll ask the government
11:34:17

to provide that to him or we will provide it, whatever is the quickest method of getting that done. DR. HAMADI: And, yes, Your Honor. It's not uncommon
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20 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for me not to receive reports from Butner. A lot of times my
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staff has actually called these people, the health coordinators, in Butner to get the information or to confirm what the patient tells us what medication they were on. So it actually puts me in a very difficult situation because I am under court order by Judge McNamara to continue the medication of these people. And if I have to change those And that is the
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medications, I have to notify the court.

reason that I notified marshal services as soon as he refused to take medication, so that I can be directed by the honorable court. And if the defense and the government, both attorneys, can please make sure that they can ask the Butner authorities to transfer the papers with the patient so that I am in compliance with the court order and for better continued care of the patient, I am more than happy to do it. THE COURT: All right. And, Dr. Hamadi, anytime you
11:35:41 11:35:23

are having trouble communicating with any of the federal institutions, hospital, mental health institutions, then I strongly urge you to contact the government, the prosecutor, so that the prosecutor, the U.S. Attorney can obtain a court order to ensure that you have that information. DR. HAMADI: THE COURT: Okay, Your Honor. All right. Ms. Settel?
11:36:24 11:36:03

Is there anything else?

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21 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. SETTEL: The only thing is I thought that defense
11:36:27

counsel already provided all of those reports from Butner when he met with him. MR. REEVES: Actually, I think I have. I'll get
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everything I've got together and make sure it gets to all of the parties. THE COURT: All right. If you do that and we need to

find out why Dr. Hamadi didn't receive that. Dr. Hamadi, Mr. Reeves says he provided that to you. DR. HAMADI: He gave me one piece of paper. I
11:36:52

remember that, Your Honor. here.

I am trying to find in the chart

And I don't recall exactly what was that report but when

we met last time, there was one paper that he -- that I can recall that I saw that. look -THE COURT: Well, it's important that you review And if you give me a moment and let me
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those reports and definitely review those for the purpose of treatment and before we have another hearing. I've asked

counsel to make sure to accommodate you and your facility that you have everything and Mr. Reeves apparently did. So let's get back on track here so that this man can be either determined to be incompetent or found to be competent and proceedings can take place. All right. MR. REEVES: This matter is adjourned. Your Honor, I am going to submit to the
11:37:53 11:37:29

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22 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 evaluated. THE COURT: MR. REEVES: THE COURT: All right. Then we'll do it in July. hearing. court a form of order for Butner to provide us with all of the medical records that they have. THE COURT: And I will sign that order and I will
11:37:54

sign -- well, let's go ahead. MR. REEVES: And, Your Honor, Dr. Hamadi, through his
11:38:12

counsel, advised me that they would provide me and the government with a full copy of their medical records for Mr. Samaniego. THE COURT: both of those matters. All right. And give me a court order on
11:38:29

I'll sign it and I think that generally

institutions comply with court orders. Okay. We're going to set this for a competency This assumes that we can

This will be in 30 days.

get all of the information necessary for the competency hearing. If we can't, then it will be a status hearing and
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that will be on? COURTROOM DEPUTY: MR. REEVES: June 12 at 9:30 a.m.

Your Honor, I'm going to be out of the

country from June 6 to June 20. MS. SETTEL: And I don't believe we could get him
11:39:05

Thank you, Your Honor. Generally, we can get somebody evaluated All right. And
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in less than a month but we'll do it in July. United States District Court

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23 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court this is the last date so it's July what? COURTROOM DEPUTY: THE COURT: July 10 at 9:30.
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July 10 at 9:30.

And we are adjourned. COURTROOM DEPUTY: THE COURT: of order to me today. (Whereupon, these proceedings recessed at 11:39 a.m.) * * * * * All rise.
11:39:30

By the way, Counsel, I want those forms

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24 CR-03-01097-03-PHX-ROS, May 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court s/Elaine M. Cropper _________________________________ Elaine M. Cropper, RDR, CRR, CCP
11:39:43

C E R T I F I C A T E

11:39:43

I, ELAINE M. CROPPER, do hereby certify that I am duly appointed and qualified to act as Official Court Reporter for the United States District Court for the District of Arizona.
11:39:43

I FURTHER CERTIFY that the foregoing pages constitute a full, true, and accurate transcript of all of that portion of the proceedings contained herein, had in the above-entitled cause on the date specified therein, and that said transcript was prepared under my direction and control, and to the best of my ability.
11:39:43

DATED at Phoenix, Arizona, this 29th day of May, 2008.

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