Defendant's Motion to Continue — United States v. Derges (W.D. Mo., Document 44)

Summary

The Defendant's Motion to Continue, filed August 9, 2021 as Document 44 in United States of America v. Patricia Ashton Derges, Case No. 21-CR-03016-BCW, in the U.S. District Court for the Western District of Missouri, Southern Division. The motion states that the case is set for trial commencing on August 16, 2021, and that Jan Pierce, a witness endorsed by the Government, is unavailable and is an essential witness to the Defendant. It asks the Court to remove the case from the August 16, 2021 Trial Docket and re-set it for trial as deemed appropriate by the Court. The motion states that it is brought with the expressed consent of the Government, and the signature block shows /s/ Albert S. Watkins as counsel for the Defendant.

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“Defendant's Motion to Continue — United States v. Derges (W.D. Mo., Document 44).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-w-d-mo-no-6-21-cr-03016-dkt-44-w-d-mo-5ed09c9b87/, SHA-256 479a4be81b5b064c6001b8d4e0ed317f79163df91d9de8d5730c61921202a830.

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION

UNITED STATES OF AMERICA )
)
Plaintiff, )
)
v. ) Case No. 21-CR-03016-BCW
)
PATRICIA ASHTON DERGES, )
)
Defendant. )

DEFENDANT’S MOTION TO CONTINUE

COMES NOW Defendant, by and through her counsel, and for her Motion to Continue in

the above-styled cause, states to the Court as follows:

1. The present matter is set for trial commencing on August 16, 2021.

2. On August 5, 2021, the Government, by and through its Assistant United States Attorney

of record herein, advised counsel for Defendant that Jan Pierce, a witness endorsed by the

Government in the present cause, had sustained an emergent medical event of significance giving

rise to his inability to testify. It is understood the medical condition involved is a stroke. Details

relating to the medical condition of the witness are sparse except to the extent that it is

understood the witness was intelligible on August 4, 2021 and showed some improvement, to an

unknown and unspecified extent, on August 5, 2021.

3. The Government indicated a desire to move forward with the trial and had previously

requested the stipulation of the Defendant to the entry of certain correspondence between the

Defendant and the subject witness so as to obviate the need for the testimony of the subject

witness to be elicited by the Government herein.

Case 6:21-cr-03016-BCW Document 44 Filed 08/09/21 Page 1 of 3
4. The Defendant, however, was not willing to so stipulate by virtue of the need to be able

to vigorously cross-examine the subject witness, being an individual vital to the defense of the

Defendant herein with respect to a number of the Counts charged in the present cause.

5. The subject witness is an essential witness to the Defendant.

6. The ability of the Government to circumvent the need for live testimony of the subject

witness is uncertain.

7. Regardless of whether the Government is able to garner a ruling permitting the

admissibility of certain documents previously thought to require the testimony of the subject

witness, the Defendant requires the testimony of the subject witness as a material part of her

defense herein.

8. As a result of the inability and unavailability of the subject witness, being witness

number 23 on the Government’s Witness List filed herein, the Defendant requests the removal of

the present cause of action from the August 16, 2021 Trial Docket and the continuance of the

present trial to a date deemed appropriate by the Court, with the understanding that both the

Government and the Defendant’s counsel have a host of other matters previously set for trial in

Federal Court.

9. The Federal Court matters being addressed by the Defendant’s counsel are pending in the

U.S. District Court for the District of Columbia and involve Defendant’s charges arise out of

events occurring on January 6, 2021 at The Capitol.

10. Additionally, Defendant’s counsel has been scheduled to commence a 2-week mediation

for a case removed from the State Court in Missouri commencing in late-September, 2021.

11. This Motion is brought with the expressed consent of the Government.

Case 6:21-cr-03016-BCW Document 44 Filed 08/09/21 Page 2 of 3
Wherefore, Defendant prays this Honorable Court remove the present cause of action

from the August 16, 2021 Docket and re-set same for trial as deemed appropriate by the Court.

KODNER WATKINS

By:___/s/ Albert S. Watkins____________
ALBERT S. WATKINS, LC MO#34553
1200 South Big Bend Boulevard
St. Louis, Missouri 63117
Phone: (314) 727-9111
Facsimile: (314) 727-9110 Facsimile
E-Mail: albertswatkins@kwklaw.net

COUNSEL FOR DEFENDANT

CERTIFICATE OF SERVICE

Signature above is also certification that on August 9, 2021 a true and correct copy of the
foregoing was electronically filed with the Clerk of the Court utilizing the CM/ECF system which
will send notification of such filing to all parties of record.

Case 6:21-cr-03016-BCW Document 44 Filed 08/09/21 Page 3 of 3

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SHA-256: 479a4be81b5b064c6001b8d4e0ed317f79163df91d9de8d5730c61921202a830
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Original: No public link identified.