Opinion
ID No. 0006003916
Decided: March 14, 2001
ORDER
AND NOW, this 14 day of March, 2001, IT IS ORDERED, pursuant to Criminal Rule 44(e), that the foregoing Motion to Incur Expenses for the expert services of Michael L. Baird, Ph.D., Lifecodes Corp. is approved in an amount not to exceed $1,500.00 without further approval of the Court, and said sums shall be paid by the Administrative Office of the Courts due to the indigency of the defendant.
Carl Goldstein, Judge
pc: Prothonotary Court Administrator's Office John P. Deckers, Esq.
MOTION FOR AUTHORIZATION TO INCUR EXPENSES
TO: THE HONORABLE CARL GOLDSTEIN Daniel L. Herrmann Courthouse 1020 N. King Street Wilmington, DE 19801
Pursuant to Criminal Rule 44(e), the undersigned hereby moves the Court, ex parte, for authorization to obtain at State expense, the services of the following person(s) to provide expert services in the above-captioned case:
Michael L. Baird, Ph.D., VP Laboratory Operations, Lifecodes Corp., 550 West Avenue, Stamford, Connecticut 06902 (DNA analysis and evaluation of testing procedures)
In support of this motion, it is represented as follows:
(1) The defendant has been determined to be indigent and eligible for representation at State expense;
(2) The State of Delaware has provided defense counsel with records pertaining to the extraction and testing of hair samples taken from clothing in police evidence. Based upon the conclusions reached by its expert, the State intends to introduce DNA evidence and testimony that purportedly establishes that the defendant is not excluded as being a potential contributor.
(3) After a conscientious review of the records, reports, and oral proffer provided by the State, the undersigned counsel believes that a thorough review, summary and analysis of said documents by a qualified expert is essential to the preparation of the defendant's case. Furthermore, the expenditure of sufficient funds for the services of said expert is a reasonable and necessary cost of litigation; and
(6) If this request is approved, it is estimated that the professional fee for the above-referenced services will not exceed $1,500.00 for the review of DNA materials. The amount anticipated to be spent for these services, therefore, will not exceed $1,500.00 without further application to the Court.
JOHN P. DECKERS 300 Delaware Avenue Suite 1130 Wilmington, DE 19801 (302) 656-9850 Attorney for the Defendant
Dated: March 12, 2001
JOHN P. DECKERS ATTORNEY AT LAW 300 Delaware Avenue Suite 1130 Wilmington. DE 19801 (302) 656-9850 Fax: (302) 656-9836 March 12, 2001
The Honorable Carl Goldstein Superior Court of the State of Delaware Daniel L. Herrmann Courthouse 1020 N. King Street Wilmington, DE 19801
RE: State of Delaware v. Terrell Twyman ID# 0006003916
Dear Judge Goldstein:
Enclosed for the Court's review and signature is the original ex parte Motion for Authorization to Incur Expenses that I recently prepared for the above-captioned case. I will be happy to make myself available to meet with the Court as needed to discuss matters set forth within the motion.
I appreciate the Court's consideration and attention to this matter.
Respectfully Submitted,
John P. Deckers