USA v. Simmons

Filing 31

Order on Motion for Miscellaneous Relief

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

UNITED STATES OF AMERICA
Plaintiff,
vs.

3:10-cr-052-RRB-JDR
ORDER REGARDING
MOTION TO RELEASE
EVIDENCE FOR TESTING

KENJI NIKO SIMMONS,
(Docket No. 25)
Defendant.

Defendant moves for an Order Releasing Drug Evidence for Defense
Testing. Docket 25. The government opposes the motion, Docket 27. The
defendant filed a reply at Docket 29.
After due consideration of defendant's Motion for an Order Releasing
Drug (Crack Cocaine) Evidence for Defense Testing, the court GRANTS the motion.
The items of evidence are either in the possession and/or control of the Federal
Bureau of Investigation or the Anchorage Police Department. They have evidence
identification numbers 783601 and 1B115.

Defendant will pay the costs of transporting the evidence to
Intermountain Forensic Laboratories; such testing as is desired; and its return in
such a manner as to not impair the chain of custody.
As the trial is still scheduled for Monday, August 23, 2010, with a pretrial
conference set for August 20, 2010 before the assigned district judge, the evidence
may not be moved from its present location before August 20, 2010, as that
would almost certainly de facto cause the trial to be postponed – something this
court is neither empowered nor disposed to do. Counsel should be prepared on
August 20, 2010 to advise of the exact period of time needed to undertake the
belated retesting and retrieve the subject evidence.
DATED this 17th day of August, 2010, at Anchorage, Alaska.

/s/ Michael A. Thompson
MICHAEL A. THOMPSON
United States Magistrate Judge

10-cr-052-RRB-JDR SIMMONS @25 Order Re Mtn to Release Evidence_mtd.wpd

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