Sunday, January 9, 2011

Criminal Case Hearing Postponed by One Day

Neil Evans, the legal counsel for David Feuerborn, filed an Urgent Request to Postpone Hearing set for 1/10/11 to 1/12, 1/13 or 1/14/11 due to Medical Urgency as Counsel for Feuerborn’s Father – Heart Procedure on 1/10/11 (“Medical Motion”).  Evans requested to continue the hearing that will discuss the U.S. Attorney’s previous request for reciprocal discovery, as well as Evans’ latest motion to continue the trial date.

In the Medical Motion Evans stated, “I was informed this morning, at around 9:00 a.m., that my father will be having a serious heart procedure at Cedars Sinai on Monday, January 10, 2011, commencing at 8:00 a.m., a procedure which has been advanced from a date which otherwise would have conflicted with the current Trial Date of 1/18/11” (Case 2:10-cr-00346-SJO ; Page ID 745).

I hope the best for Mr. Evans’ father during this procedure.  Barring any unforeseen complications with his medical procedure, it looks as if the medical problems with Evans’ parents won’t be a problem during the trial, and I don’t see a need to continue the trial date.

“I have notified Mr. Vandevelde prior to this Application of the issue, requesting that he cooperate in this continuance.  I have not heard back from him” (Case 2:10-cr-00346-SJO ; Page ID 746).

You probably haven’t heard back from him because he is an Assistant U.S. Attorney busy bringing criminals to justice (aka his job).  You should really give him more than a few hours to respond to your request.  According to the last filing by the Assistant U.S. Attorneys, Evans’ has been unresponsive to their communications for the last two weeks!  Remember the golden rule?  Treat others how you would want to be treated.   

Judge Otero ruled that the hearing would be postponed by one day.  The hearing is now scheduled for January 11, 2011 @ 9:00 a.m.  I will let everyone know the outcome of the hearing which is now delayed by only a day. 

- ESS Investor

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