Free Motion to Unseal Document - District Court of Arizona - Arizona

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Sigmund G. Popko, No. 011947 P.O. Box 877906 Tempe, Arizona 85287-7906 (480) 965-6557 [email protected] Attorney for Defendant Jesse R. Moore

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) v. ) ) JESSE ROTHCHILD MOORE ) ) Defendant. ) _________________________________) UNITED STATES OF AMERICA, No. CR 03-00764-001-PHX-JAT MOTION TO UNSEAL CERTAIN OF DEFENDANT MOORE'S FILINGS (Expedited Consideration Requested)

Jesse Rothchild Moore, through undersigned counsel, moves this court for an order 14 unsealing his previously filed motions and applications which were filed ex parte and 15 under seal and which concerned requests for appointments of and funds for experts and/or 16 consultants. Mr. Moore filed these requests under seal prior to and during the trial in this 17 matter for the purpose of investigating possible defenses and to help him contest the 18 government's case. Trial in this matter is now complete and Mr. Moore is now appealing 19 his conviction and sentence. Thus, any need to keep these filings under seal no longer 20 remains. 21 Further, undersigned counsel is Mr. Moore's appellate counsel and has determined 22 that an effective brief needs to cite to and quote from one or more of these sealed, ex 23 parte motions and applications. Accordingly, Mr. Moore now asks that these motions and 24 applications (and all orders related thereto) be unsealed so that counsel may use them in 25 drafting the appellate brief. 26

Case 2:03-cr-00764-JAT

Document 1147

Filed 12/20/2005

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Undersigned counsel has conferred with Mr. Moore's trial counsel, Larry A. Hammond, and is authorized to state that Mr. Hammond agrees that the filings can be unsealed for the reasons stated. In addition, undersigned counsel has conferred with the government's counsel, AUSA Kurt Altman, and is authorized to state that the government has no objection to the unsealing of these documents. As undersigned counsel is presently drafting Mr. Moore's opening brief which is due on January 5, 2006, Mr. Moore asks that expedited consideration be given to this non-opposed motion. A proposed form of order will be e-mailed to the court and counsel under separate cover. Dated this 20 th day of December, 2005. By: /s/ Sigmund G. Popko Sigmund G. Popko P.O. Box 877906 Tempe, Arizona 85287-7906 [email protected]

ORIGINAL of the foregoing filed this 20 th day of December, 2005 via CM/ECF with: Clerk of the Court United States District Court District of Arizona 401 W Washington Phoenix, Arizona 85003 with a copy mailed (along with a copy of the NEF) and electronically mailed on this same day to: Hon. James A. Teilborg U.S. District Court 401 W. Washington Phoenix, Arizona 85003 [email protected] with a copy electronically mailed this same day to: Kurt Altman, AUSA Kimberly Hare, AUSA Carmen Fischer, Esq. Daniel D. Maynard, Esq. Larry A. Hammond, Esq. [email protected] [email protected] [email protected] [email protected] [email protected] 2

Case 2:03-cr-00764-JAT

Document 1147

Filed 12/20/2005

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