Opinion
Criminal Action No. 2004-100.
May 18, 2004
ORDER
AND NOW, this 18th day of May, 2004, the Court having held a pretrial conference on May 17, 2004, following the Defendant filing a Notice of Insanity Defense in accordance with Rule 12.2 F.R. Crim. P., the Court now establishes the following procedures and schedule, leading up to a trial of this case on Monday, August 9, 2004:
1. The Defendant shall select one or more experts and be examined in sufficient time so that Defendant's expert report(s) will be served upon the government's attorney no later than June 18, 2004.
2. The government shall disclose to defense counsel the name and address of any expert(s) it wishes to examine the Defendant, no later than June 25, 2004. The Defendant shall be examined by such expert(s) no later than July 9, 2004, and the report of the government's expert(s) shall be served upon counsel for the Defendant no later than July 16, 2004. Defense counsel may attend the examination(s).
3. Any pretrial motions shall be filed no later than July 23, 2004, and any response to a pretrial motion shall be filed no later than July 30, 2004.
4. Unless the Court sets an earlier date, argument on any pretrial motions will be held before the start of trial on August 9, 2004.
5. The examination of the Defendant by the government shall be done in accordance with 18 U.S.C. § 4242.
6. In view of the government having advised the Court and defense counsel that the Case Agent, Richard Marks, of the Federal Bureau of Investigation, may have some personal knowledge about this case and is a material witness, and also having advised that Agent Marks has been designated for service in Iraq beginning July 11, 2004 for a period of ninety days, and the Court finding, for the reasons stated at the hearing on May 17, 2004, the existence of exceptional circumstances and that it is in the interest of justice, orders that the government shall preserve the testimony of Agent Marks by taking his videotaped deposition pursuant to Rule 15 F.R. Crim. P., no later than June 30, 2004, with appropriate notice to defense counsel, and both counsel shall insure the presence of the Defendant at the deposition so as to preserve her right of confrontation. At the deposition, Agent Marks shall produce any designated material that is not privileged, including any book, paper, document, record, recording or data, not previously turned over to defense counsel. The deposition shall be taken in accordance with Rule 15.
7. Counsel are directed to advise the Court promptly, through Deputy Clerk Lenora Kashner, of any issues or problems which may impact on this case being tried on August 9, 2004.