Free Memorandum - District Court of Arizona - Arizona

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Mark J. Berardoni
State Bar No. 012970 Luhrs Tower 45 West Jefferson St., Suite 810 Phoenix, Arizona 85003-2317 (602) 257-1295 Attorney for Defendant - Bryan Leland Deal

5 IN THE UNITED STATES DISTRICT COURT 6 DISTRICT OF ARIZONA 7 ) ) Plaintiff, ) 9 ) v. ) 10 ) Bryan Leland Deal, ) 11 ) Defendant. ) 12 ____________________________________) 8 13 United States of America, CR02-1028-001-PHX-NVW MEMORANDUM RE: STATUS OF BRIAN DEAL

Defendant, Bryan Leland Deal, by and through counsel undersigned, hereby files his

14 memorandum pursuant to the court's order. Mr. Deal was originally arrested on September 30, 2002. 15 On October 8, 2002, a single count indictment was filed charging that Mr. Deal, along with other 16 threats, M ARK J. B ERARDONI A TTORNEY A T L AW had threatened the president on July 13, 2002 when he called a 9-1-1 operator and claimed

17 that the NSA and CIA were interfering with his attempts to contact his brother in Las Vegas. 18 Mr. Deal was determined to be incompetent to stand trial and was sent to the Federal Medical

19 Center, Butner, North Carolina for further evaluation. There he was diagnosed with paranoid 20 schizophrenia with alcohol dependence. He was treated with Cogentin and Klonopin and was 21 deemed to have returned to competency. He was sentenced on February 2, 2004 before the Senior 22 District Court, Judge Earl H. Carroll to probation. One of the conditions of probation was that upon 23 his release, he reside at B.S.S.W. A petition to revoke probation set forth that he left B.S.S.W. on 24 March 22, 2004. On December 15, 2004, a superceding petition was filed alleging this probation 25 violation. 26 On May 31, 2005, his probation was reinstated and he was once again ordered to remain at

27 B.S.S.W. He was transported on August 1, 2005 to B.S.S.W. by then defense counsel, David Ochoa. 28 Mr. Deal took his exodus on August 2, 2005. Case 2:02-cr-01028-NVW Document 153 Filed 11/26/2007 Page 1 of 3

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A petition was filed on August 5, 2005 for leaving B.S.S.W. and on August 11, 2005 for failing to take medications. Undersigned counsel was then appointed upon Mr. Deal's arrest and District Court Judge Neil V. Wake was the newly assigned judge. Defense counsel hired Jack Potts, M.D. to evaluate Mr. Deal, his report is attached. (He mistakenly referenced that he was ordered by the court to conduct the evaluation. No harm, no foul.) Working with the AUSA, Dan Drake, who had this case originally, and USPO, Elizabeth Simons, in an to address the overall situation and all parties' interests, it was decided that a resolution which worked Mr. Deal back into society was the best. So after much research, Mr. Deal was released to the State System for mental health treatment and re-indoctrination into society. Unfortunately, this

10 attempt was short-lived, mainly due to the State's bureaucratic methods and by potential 11 jurisdictional conflicts, e.g. Mr. Deal was still being monitored by the federal system. So he was 12 taken back into federal custody on August 11, 2006. At the disposition hearing, a Value Options 13 representative and a psychiatrist, Jack Potts, M.D., testified. Judge Wake, in a further attempt to 14 achieve the overall goal of what was best for everyone's interest, on March 30, 2007, ordered that 15 Bryan Deal be transported to the custody of the Maricopa County Sheriff's Office and to be released 16 to the custody of Value Options for placement in a Level One psychiatric treatment facility (on 17 September 18, 2007, this petition was filed). 18 19 20 21 22 23 24 25 26 27 28 Case 2:02-cr-01028-NVW -2Document 153 Filed 11/26/2007 Page 2 of 3 s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Bryan Leland Deal RESPECTFULLY SUBMITTED this 26th day of November, 2007.

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CERTIFICATE OF SERVICE I hereby certify that on November 26, 2007, 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: Honorable Neil V. Wake United States District Judge Sandra Day O'Connor U.S. Courthouse, Suite 524 401 West Washington Street, SPC 52 Phoenix, Arizona 85003 Daniel R. Drake, Esq. Assistant United States Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408

10 Libby Simons United States Probation Office 11 230 N. 1st Avenue, Suite 406 Phoenix, Arizona 85003 12 Bryan Leland Deal 13 14 By: s/Todd E. Babel 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:02-cr-01028-NVW Document 153 Filed 11/26/2007 Page 3 of 3