Free Other Notice - District Court of Arizona - Arizona

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MICHAEL S. REEVES, ESQ. State Bar Number: 010420 1212 East Osborn Phoenix, Arizona 85014 Tel: [602] 604-7577 Fax: [602] 604-7555 Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, Vs. DANIEL SAMANIEGO-CACHON, Defendant. ) ) ) ) ) ) ) ) ) ) ) NO. CR03-01097-003-PHX-ROS REPORT TO COURT #2

Defense counsel hereby reports to the Court that a meeting with Dr. Hamadi, Mr. Samaniego and his undersigned counsel was conducted on Wednesday, January 9, 2008 at CCA, Florence. Present at the meeting were Dr. Hamadi and his legal counsel, a representative of CCA and legal counsel for CCA, undersigned counsel and Defendant. As the meeting was court ordered, both Dr. Hamadi and CCA felt that their lawyers had a right to be present. Counsel questioned the need and the propriety of having such a large gathering of people to meet with Defendant, especially when the Defendant is delusional and a bit paranoid, but all insisted on being present. The meeting was conducted with the assistance of a telephonic interpreter service used by CCA. Dr. Hamadi began by asking Defendant why he did not take the medication. Defendant replied that he started taking them upon his return to CCA, but that the drugs made him feel anxious and desperate, that he felt a need to scream and hit his head against a wall. He also stated that he could not sleep when he took the drugs and that he had a constant feeling that he

Case 2:03-cr-01097-ROS

Document 225

Filed 01/18/2008

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needed to run or move his legs. Defendant explained that he had taken medication all his life, but that he never had any reactions like those described above. He said he would take the medication prescribed by Dr. Hamadi as long as he does not have the side effects he described. He did not know the name of the medication that he took when he was in his home country. Defendant said that he was being offered drugs different from those given at the Butner, South Carolina facility. The attending nurse's log showed that she had tried to match medications to those the Defendant described, without success. Defendant said that in Butner he had been given a blue and white pill and a separate red pill. Dr. Hamadi explained that the drugs he was offering were the same as the drugs Defendant was given previously in CCA. Defendant replied that he would take the drugs conditioned upon the side effects. Defendant was told that he did not object to the drugs when he was in CCA prior to going to Butner and that he did not complain about the drugs. He replied that when he is given something that he does not like, he frequently throws it away later. Dr. Hamadi then reviewed the possible side effects of the drugs, Resperdol, Haldol and Prozac. Defendant agreed to try to take the drugs. The doctor said that he would begin with a lower dose and then increase the dosage over time. Defendant was told that it would take 6 to 8 weeks to reach optimal dosage and to feel the proper effect of the drugs. Defendant was told that he could be on the drugs indefinitely. Defendant was concerned about one of the side effects being either a loss of appetite or even the opposite, an increase in appetite. Defendant related that he had lost a substantial amount of weight since coming to CCA from Butner. The doctor said that his weight and blood would be monitored. Defendant was told to not abruptly stop taking the medication or he would feel the effects of stopping. He was told to take the medication for a few days, even if he felt bad for the first few days, unless he simply could not tolerate the effects. Defendant agreed to start taking the medication. The start date was tentatively scheduled

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Case 2:03-cr-01097-ROS

Document 225

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for the next Friday, January 11, 2008. Based upon the meeting and the time necessary to feel the full effect and the time needed to then evaluate the Defendant, a continuance of the competency hearing will be requested by Defendant. Defense counsel did provide a copy of the Butner reports to Dr. Hamadi personally. Dated: January 18, 2008. /s/ Michael S. Reeves MICHAEL S. REEVES, Attorney for Defendant SAMANIEGO-CACHON CERTIFICATE OF SERVICE I hereby certify that on this date, January 18, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic Filing to the following CM/ECT registrants: Lisa Jennis Settel, Assistant U.S. Attorney by: /s/ Michael S. Reeves

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Case 2:03-cr-01097-ROS

Document 225

Filed 01/18/2008

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