Opinion
Criminal Number 10-579 (SRC)
03-12-2012
UNITED STATES OF AMERICA v. STEPHEN P. ARENA, and DAVID J. CAIVANO
Anthony Moscato Assistant U.S. Attorney Nicholas G, Kaizer, Esq. Attorney for defendant Arena Victor Sherman, Esq, or David T. Shivas, Esq. Attorneys for defendant Caivano
Hon. Stanley E. Chesler
ORDER
This matter having been opened to the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Anthony Moscato, Assistant U.S. Attorney, appearing), and defendants Stephen P. Arena (Nicholas G. Kaizer, Esq., appearing) and David J. Caivano (Victor Sherman, Esq. and David T. Shivas, Esq., appearing), and good cause having been shown, the Court makes the following findings:
1. As represented by and through counsel for defendant Caivano, defendant Caivano is currently physically unable to stand trial or to meaningfully participate in his defense, including the litigation of outstanding motions in this matter. As such, the Court finds that defendant Caivano is, at the present time, physically unable to stand trial. 18 U.S.C. S 3161