yp - hal neilson requests for a continuance after triple by-pass surgery

8/14/2019 YP - Hal Neilson requests for a continuance after triple by-pass surgery

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF MISSISSIPPI

UNITED STATES OF AMERICA

VS. CASE NO.: 3:10CR003-A

PHILIP HALBERT NEILSON

MOTION TO CONTINUE TRIAL SETTINGAND ALL SCHEDULING ORDER DEADLINES

COMES NOW, Philip Halbert Neilson, by and through counsel, and files this

Motion to Continue the Trial Setting and all Scheduling Order Deadlines in this case

and in support thereof would show unto the Court the following, to-wit:

1.

The Initial Appearance and Arraignment were held in this case on February 1,

2010. By Order dated February 1, 2010 the discovery deadline was set for February 8,

2010, the motion deadline was set for February 16, 2010 and the trial of this case was

scheduled for March 8, 2010.

2.

To date the Government has produced approximately 19,000 pages of discovery.

Due to the voluminous nature of the discovery produced in this case counsel for Mr.

Neilson has not yet been able to review, analyze and organize the discovery. In

addition, additional time is needed to review and assess this discovery in order to

determine what witnesses need to be interviewed, what motions should be filed and

what reciprocal discovery and/or designation of defense experts should be made.

Case 3:10-cr-00003-SA-SAA Document 16 Filed 02/16/2010 Page 1 of 5


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Furthermore, due to the nature of this case it is essential that Mr. Neilson also review

these documents to assist his counsel in his defense. Although it is difficult to estimate

how long this process will take, a conservative estimate is that Mr. Neilson and his

counsel will need at a minimum an average of one (1) minute per document to review,

assess, discuss, and organize each document, and to search and locate additional

documents and material not produced by the Government but which may be needed to

rebut and explain the documents produced by the Government. Using this conservative

estimate of the time needed to review the Governments discovery, and to prepare the

defense documentary case, it would take a conservative estimate of approximately three

hundred sixteen (316) hours just for counsel and Mr. Neilson to review and assess the

documents produced by the Government and to locate organize the defense documents

needed to rebut the Governments documentary case.

3.

In addition, counsel for Mr. Neilson and counsel for the Government have

discussed certain issues regarding the production of Brady material and counsel for the

Government has indicated that they will cooperate in making certain file materials

available for review, but have also indicated that these file materials consist of

approximately 25 boxes of additional material which will have to be reviewed by

defense counsel and Mr. Neilson.



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4.

In addition to the task of reviewing the Governments documents, and preparing

the defense documentary case, there are most likely many (possibly over one hundred)

witnesses identified in the various documents produced by the Government that may

have to be located and interviewed in order to adequately prepare for trial, many of

whom reside in other states.

5.

Further compounding this problem is the fact that Mr. Neilson underwent what

was scheduled to be a quadruple heart bypass operation on February 9, 2010. Although

scheduled for a quadruple bypass, only a triple bypass was able to be performed due to

the fact that one artery was so severely diseased that no bypass could be performed. Mr.

Neilson has been diagnosed with coronary heart disease. Although it is premature to

speculate exactly when Mr. Neilson will be physically able to begin assisting his counsel

in reviewing, analyzing and organizing the discovery, and preparing his defense to the

Governments case, a conservative estimate based upon information relayed by Mr.

Neilsons family is eight weeks. Furthermore, even assuming that Mr. Neilson could

begin the task of working on his case in eight weeks, it is expected that Mr. Neilson may

only be able to work on his case on a part time basis.

6.

It is essential to the preparation of the defense in this case that Mr. Neilson be

able to assist his counsel in the review of the discovery and to actively participate in the



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preparation of his defense. Mr. Neilson is not currently physically able to assist counsel

in this case.

7.

If it is assumed that Mr. Neilson can begin to begin the process of assisting his

counsel in eight weeks, a conservative estimate is that it will take at least 5-6 months

just to review and organize the documents, and to prepare the documentary portion of

the defense case. Furthermore, it would likely take several more months to locate and

interview the witnesses identified in the Governments discovery.

8.

Defendant Hal Neilson respectfully requests that the trial of this matter be

continued for a minimum of eight (8) months so that Mr. Neilson may be provided

adequate time to assist his counsel in the preparation of this case for trial.

9.

Counsel for Mr. Neilson has discussed this issue with counsel for the

Government and has been informed that opposing counsel agrees that a continuance is

merited, however, opposing counsel takes no position as to the length of the

continuance which is appropriate and defers the choice of a specific trial date to the

presiding Judge.

WHEREFORE, Defendant Hal Neilson respectfully requests that the trial of this

matter, and all pre-trial deadlines, be continued for a period of at least eight months.



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Defendant requests such other, more general relief as may be just and proper in the

premises.

This the 16 th day of February, 2010.

Respectfully submitted,

PHILIP HALBERT NEILSON

RAYBURN COGHLAN LAW FIRM, PLLCP. O. Drawer 1360Oxford, MS 38655(662) 234-7575(662) 234-1999

BY: /s/ Kenneth H. CoghlanKENNETH H. COGHLANMississippi Bar No.: 6336

CERTIFICATE OF SERVICE

I, KENNETH H. COGHLAN, of Rayburn Coghlan Law Firm, PLLC, Oxford,Mississippi, do hereby certify that on the 16 th day of February, 2010 I electronically filed

the foregoing with the Clerk of the Court using the ECF system which sent notification

of such filing to the following: [email protected];

[email protected].

/s/ Kenneth H. CoghlanKENNETH H. COGHLAN


yp - hal neilson requests for a continuance after triple by-pass surgery

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