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13 October 2008. Updated. Add items 16-24.
15 September 2008. Updated.
5 September 2008
| Warden Letter on Siddiqui Examination
http://cryptome.org/siddiqui/siddiqui-013.pdf
Fink Letter on Aifa Siddiqui Condition in Prison http://cryptome.org/siddiqui/siddiqui-010.pdf
U.S. District Court
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Case title: USA v. Siddiqui
|
Date Filed: 09/02/2008 |
| Assigned to: Judge Richard M. Berman | ||
Defendant (1) |
||
| Aafia Siddiqui | represented by | Elizabeth M. Fink Elizabeth M. Fink, Esq., 36 Plaza Street Suite 1G Brooklyn, NY 11238 (718) 783-3682 Fax: (718) 783-5853 Email: atticuslex@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment |
Pending Counts |
Disposition |
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| 18:2332B.F CONSPIRACY TO KILL A U.S. CITIZEN (ATTEMPTED MURDER
OF U. S. NATIONALS) (1) |
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| 18:1114.F ATTEMPTED MURDER OF OFFICERS AND EMPLOYEES OF
U.S. (2) |
||
| 18:111.F ASSAULTING/RESISTING/IMPEDING OFFICERS/EMPLOYEES
(ARMED ASSAULT) (3) |
||
| 18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN (USE OF FIREARM
DURING CRIME OF VIOLENCE) (4) |
||
| 18:111.F ASSAULTING/RESISTING/IMPEDING OFFICERS/EMPLOYEES
( ASSAULT) (5-7) |
||
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
||
| None | ||
Complaints |
Disposition |
|
| 18 U.S.C. 111, 1114 (ATTEMPT TO MURDER FEDERAL OFFICER & EMPLOYEES AND ASSAULT OF FEDERAL OFFICERS AND EMPLOYEES) |
Plaintiff |
||
| USA | represented by | Christopher La Vigne Unites States Attorney 1 St Andrews Plaza New York, NY 10007 (212) 637-2218 Email: christopher.lavigne@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/31/2008 | 1 | COMPLAINT as to Aafia Siddiqui (1). In Violation of 18 U.S.C. 111, 1114 (Attempt to Murder Federal Officers and Employees and Assault of Federal Officers and Employees) (Signed by Judge Magistrate Judge Theodore H. Katz) (dif) [1:08-mj-01697-UA] (Entered: 08/06/2008) |
| 08/04/2008 | Arrest of Aafia Siddiqui. (dif) [1:08-mj-01697-UA] (Entered: 08/06/2008) | |
| 08/04/2008 | Arrest Warrant Returned Executed on 8/4/2008 as to Aafia Siddiqui. (dif) [1:08-mj-01697-UA] (Entered: 08/12/2008) | |
| 08/05/2008 | 3 | CJA 23 Financial Affidavit by Aafia Siddiqui. (Signed by Judge Magistrate Judge Ronald L. Ellis) (dif) [1:08-mj-01697-UA] (Entered: 08/06/2008) |
| 08/05/2008 | Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Aafia Siddiqui held on 8/5/2008., with CJA Attorney Elizabeth Fink and AUSA Christopher Lavigne for the government. Detention Hearing Scheduled at Defendant's Request for 8/11/08 at 2:30 PM; ( Preliminary Examination set for 8/19/2008 at 10:00 AM before Judge Unassigned.) (dif) Modified on 8/6/2008 (dif). [1:08-mj-01697-UA] (Entered: 08/06/2008) | |
| 08/05/2008 | 4 | ORDER FOR MEDICAL ATTENTION as to Aafia Siddiqui. (Signed by Magistrate Judge Ronald L. Ellis on 8/5/2008)(gq) [1:08-mj-01697-UA] (Entered: 08/11/2008) |
| 08/05/2008 | 7 | CJA 20 as to Aafia Siddiqui: Appointment of Attorney Elizabeth M. Fink for Aafia Siddiqui. (Signed by Magistrate Judge Ronald L. Ellis on 8/21/08) CJA Office has mailed the original and sent a copy to the file.(sac) [1:08-mj-01697-UA] (Entered: 08/27/2008) |
| 08/11/2008 | Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Detention Hearing as to Aafia Siddiqui held on 8/11/2008. Deft appears wit CJA atty Elizabeth Fink. AUSA Christopher Lavigne present for the gov't. Detention on consent without prejudice. Other: On consent, the time within which an indictment may be filed is extended to 9/8/08. Preliminary Examination set for 9/3/2008 at 10:00 AM before Judge Unassigned.) (gq) [1:08-mj-01697-UA] (Entered: 08/11/2008) | |
| 08/11/2008 | 5 | ORDER FOR MEDICAL ATTENTION as to Aafia Siddiqui. (Signed by Magistrate Judge Henry B. Pitman on 8/11/2008)(gq) [1:08-mj-01697-UA] (Entered: 08/11/2008) |
| 08/25/2008 | 6 | NOTICE of Change of Address as to Aafia Siddiqui. New Address: Law Office of Elizabeth M. Fink, 36 Plaza Street, #1G, Brooklyn, New York, USA 11238, 718-636-0988. (Fink, Elizabeth) [1:08-mj-01697-UA] (Entered: 08/25/2008) |
| 09/02/2008 | 8 | INDICTMENT FILED as to Aafia Siddiqui (1) count(s) 1, 2, 3, 4, 5-7. (jm) (Entered: 09/02/2008) |
| 09/02/2008 | Case Designated ECF as to Aafia Siddiqui. (jm) (Entered: 09/02/2008) | |
| 09/04/2008 | 9 | ORDER: As to Aafia Siddiqui, For the reasons stated on the record today, it is hereby ordered that a medical evaluation, including a gynecological examination, of the Defendant be conducted by a female physician. (Signed by Judge Richard M. Berman on 9/4/2008)(D'Avanzo, Daniel) (Entered: 09/04/2008) |
| 09/04/2008 | 10 | ENDORSED LETTER: As to Aafia Siddiqui addressed to Judge Richard M. Berman from Elizabeth M. Fink dated 9/3/2008 re: As per my conversation with the Court's deputy, I am writing this letter in advance of our appearance tomorrow to apprise the Court of certain highly sensitive issues and facts that make this case and this submission sui generis. I ask that it be filed under seal because it concerns, among other things, Dr. Aafia Siddiqui's mental and physical health. ENDORSEMENT: Filed at the direction of the Court and on consent. So Ordered. (Signed by Judge Richard M. Berman on 9/4/2008)(D'Avanzo, Daniel) (Entered: 09/04/2008) |
| 09/04/2008 | Minute Entry for proceedings held before Judge Richard M. Berman: Pretrial Conference as to Aafia Siddiqui held on 9/4/2008. AUSA David Raskin present; AUSA Chris LaVigne present; Defendant not present; Defense attorney Elizabeth Fink present; Also present from Ms. Fink's office: Sarah Kunstler, Gideon Oliver; Also present is Ms. Sharp, attorney for Siddiqui family; Also present is Daniel Meyers and Dr. Antonia Cedrone; Court Reporter Eve Giniger present; conference held; defense counsel to submit letter by 9/12/08 re: arraignment and competency; government response is due 9/17/08; next conference is scheduled for 9/22/08 at 2:30 p.m.; speedy trial time is excluded for the reasons set forth on the record from 9/4/08 until 9/22/08 pursuant to 18 USC 3161(h)(8)(A) and (B). (bw) (Entered: 09/08/2008) | |
| 09/04/2008 | ORAL ORDER as to Aafia Siddiqui. Time excluded from 9/4/08 until 9/22/08. Brief (by defense counsel re: arraignment & competency) due by 9/12/2008. Responses (by govt) due by 9/17/2008. Pretrial Conference set for 9/22/2008 at 02:30 PM before Judge Richard M. Berman. (bw) (Entered: 09/08/2008) | |
| 09/08/2008 | 11 | ENDORSED LETTER as to Aafia Siddiqui addressed to Judge Berman from AUSA Christopher L. LaVigne dated 9/5/08 re: Yesterday, the Court ordered that the MDC arrange for a physical examination of the defendant by a female doctor. The Govenrment has been advised that despite the female doctor's extensive efforts, the defendant refused to be examined by her. ENDORSEMENT: In light of Ms. Siddiqui's refusal and counsel's arguments re: medical issues, etc. the BOP is directed to perform a psychological exam at MDC of Defendant forthwith and to apprise the Court and counsel of results ASAP. (Signed by Judge Richard M. Berman on 9/8/08)(bw) (Entered: 09/08/2008) |
| 09/09/2008 | 12 | ORDER as to Aafia Siddiqui. For the reasons stated on the record September 4, 2008, in the Government's letter dated September 5, 2008, and in the Court's 9/8/08 memo endorsement, the "psychological exam" ordered by the Court on September 8, 2008 shall include a forensic evaluation conducted at the Metropolitan Detention Center ("MDC"). (Signed by Judge Richard M. Berman on 9/9/08)(bw) (Entered: 09/09/2008) |
| 09/11/2008 | 13 | ENDORSED LETTER as to Aafia Siddiqui, addressed to Judge Berman, from Cameron Lindsay, Warden, dated 9/10/08, re: the Court directed the Fed'l Bureau of Prisons "to perform a psychological exam at MDC of dft forthwith and to apprise the Court and counsel of results ASAP.".... on 9/9/08, the Court issued an amended Order stating: "the 'psychological exam' ordered by the Court on 9/8/08 shall include a forensic eval conducted at the Metropolitan Detention Center.".... -- Judge endorsed: Counsel may wish to factor this information into their written submissions. SO ORDERED. (Signed by Judge Richard M. Berman on 9/11/08)(ja) (Entered: 09/11/2008) |
| 09/12/2008 | 14 | ENDORSED LETTER as to Aafia Siddiqui addressed to Judge Berman from AUSA Christopher L. La Vigne dated 9/11/08 re: submitted to request that the defendant's submission be due on 9/19/08, and that the Government's response be due on 9/24/08, and that the conference scheduled for 9/22/08 be moved until 9/29/08. ENDORSEMENT: Application denied in part and granted in part as follows: defense submission on 9/16/08; Govt submission on 9/19/08. Conference moved to 9/23/08 at 2:00 P.M. (Time excluded under Speedy Trial Act to consider medical issues, etc.) (Signed by Judge Richard M. Berman on 9/12/08)(bw) (Entered: 09/12/2008) |
| 09/12/2008 | 15 | ENDORSED LETTER as to Aafia Siddiqui addressed to Judge Berman and Judge Stein from AUSA Christopher L. LaVigne dated 9/11/08 re: submitted to bring to the Judges' attention potential overlap in the cases of U.S. v. Aafia Siddiqui, 08Cr.826(RMB), which was assigned to Judge Berman last week, and U.S. v. Uzair Paracha, 03Cr.1197(SHS), which was tried before Judge Stein in 2005. ENDORSEMENT: Clerk may docket this letter under 08Cr.826. (Signed by Judge Richard M. Berman on 9/12/08)(bw) (Entered: 09/12/2008) |
| 09/16/2008 | 16 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - MOTION for Medical Treatment. Document filed by Aafia Siddiqui. Return Date set for 9/23/2008 at 02:00 PM. (Fink, Elizabeth) Modified on 9/18/2008 (jar). (Entered: 09/16/2008) |
| 09/16/2008 | ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 16 as to Defendant(s) Aafia Siddiqui: HAS BEEN REJECTED. Note to Attorney Elizabeth Fink : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar) (Entered: 09/18/2008) | |
| 09/22/2008 | 17 | Letter: By USA as to Aafia Siddiqui addressed to Judge Richard M. Berman from Christopher L. La Vigne dated 9/19/2008 re: The Government respectfully submits this letter in response to the Court's questions at the September 4,, 2008 conference regarding (1) the defendant's competency to stand trial, and (2) the defendant's refusal thus far to appear in court.....Conclusion. For all the foregoing reasons the Government respectfully requests that the Court enter the attached proposed order which (1) directs that a psychiatric examination of the defendant be conducted over a 30 day period at a suitable facility to be determined by the bureau of Prisons; (2)requires preparation of a psychiatric report; (3)sets a competency hearing at a date to be determined by the court; and (4)excludes time under the Speedy Trial Act so the Court may determine the competency of the defendant. ENDORSEMENT: Clerk to docket. So Ordered. (D'Avanzo, Daniel) (Entered: 09/22/2008) |
| 09/23/2008 | Minute Entry for proceedings held before Judge Richard M. Berman:Arraignment as to Aafia Siddiqui (1) Count 1,2,3,4,5-7 held on 9/23/2008. AUSA David Raskin present; AUSA Chris LaVigne presenst; Defense counsel Elizabeth Fink present with Daniel Meyers, Gideon Oliver and Sarah Kunstler; Deft not present; conference held; Court reporter Pam Utter present; Court enters not guilty plea on behalf of defendant; next conference is scheduled for 11/19/08 at 10:00am; competency hearing is scheduled for 12/17/08 at 10:00am; court will sign order for competency evaluation; Trial is scheduled for 3/9/09; speedy trial time is excluded for the reasons set forth on the record from 9/23/08 until 12/17/08 pursuant to 18 USC 3161(h)(8)(A) and (B). (jw) (Entered: 09/25/2008) | |
| 09/23/2008 | Minute Entry for proceedings held before Judge Richard M. Berman: Plea entered by Aafia Siddiqui (1) Count 1,2,3,4,5-7 Not Guilty. (jw) (Entered: 09/25/2008) | |
| 09/23/2008 | Minute Entry for proceedings held before Judge Richard M. Berman:Pretrial Conference as to Aafia Siddiqui held on 9/23/2008, as to Aafia Siddiqui( Jury Trial set for 3/9/2009 before Judge Richard M. Berman., Pretrial Conference set for 11/19/2008 at 10:00 AM before Judge Richard M. Berman.) (jw) (Entered: 09/25/2008) | |
| 09/24/2008 | 18 | ENDORSED LETTER: As to Aafia Siddiqui, addressed to Judge Richard M. Berman from Elizabeth M. Fink dated 9/23/2008 re: I am writing to respectfully request the court's permission to file an interim voucher in the above captioned case.Thank you for your consideration in this matter.ENDORSEMENT: Application to submit interim bills is granted. So Ordered. (Signed by Judge Richard M. Berman on 9/24/2008)(D'Avanzo, Daniel) (Entered: 09/24/2008) |
| 09/25/2008 | 19 | ENDORSED LETTER as to Aafia Siddiqui addressed to Judge Richard M. Berman from Elizabeth M. Fink dated 9/20/08 re: Counsel writes to submit the latest medical and psychiatric reports. Counsel asks that the records be filed under seal. ENODRSEMENT: Clerk to docket file.. (Signed by Judge Richard M. Berman on 9/25/08)(mme) (Entered: 09/25/2008) |
| 10/01/2008 | 20 | TRANSCRIPT of Proceedings as to Aafia Siddiqui held on 9/4/2008 before Judge Richard M. Berman. (jn) (Entered: 10/01/2008) |
| 10/01/2008 | 21 | ORDER as to Aafia Siddiqui. It is ORDERED that a hearing will be conducted to determine whether AAFIA SIDDIQUI, the defendant, is medically fit and mentally competent to understand the nature and consequences of the proceedings against her or to assist properly in her defense, pursuant to 18 U.S.C. Section 4241(a) and (c), on or before 12/17/08 at 10:00 a.m.... [See Order]... it is further ORDERED that, following the filing of said reports, the defendant, shall be returned to this Court, on or before 12/17/08 at 10:00 a.m., for further proceedings consistent with 18 U.S.C. Sections 4241(c) and 4247(d), and it is further ORDERED that, the U.S. Marshals Service shall transport defendant to the facility where she will be examined as soon as practicable and return her to this Court as soon as practicable; and it is further ORDERED that time will be excluded from speedy trial calculations under the Speedy Trial Act, pursuant to 18 U.S.C. Sections 3161(h)(1)(A) and 3161(h)(1)(H), from the date of this Order until a determination of AAFIA SIDDIQUI's competency under 18 U.S.C. Sections 4241 and 4247 is rendered by the Court. (Signed by Judge Richard M. Berman on 10/1/08)(bw) (Entered: 10/01/2008) |
| 10/01/2008 | 22 | ENDORSED LETTER as to Aafia Siddiqui addressed to Judge Berman from David Raskin dated 9/30/08 re: The Government respectfully submits this letter in response to the defendant's detention(Defense Replies due by 10/6/2008.)...ENDORSEMENT...Defense counsel may reply by 10/6/08. SO ORDERED. (Signed by Judge Richard M. Berman on 10/1/08)(jw) (Entered: 10/01/2008) |
| 10/03/2008 | 23 | ORDER: As to Aafia Siddiqui, Both defense counsel and the government have requested that a competency exam of Defendant be conducted as soon as possible and the Court has ordered such an exam along with medical and psychological services. See Order dated October 1, 2008. In the (hopefully unlikely) event that Defendant refuses to comply with the rules or procedures of the UnitedStates Marshals Service or the Bureau of Prisons with regard to transport from the Metropolitan Detention Center in Brooklyn to the medical facility designated to conduct a competency exam, the Marshals Service and the Bureau of Prisons may use such force as is reasonably necessary to transfer the Defendant to and from such medical facility in a safe manner (with medical assistance) and to ensure that her medical and psychological needs are evaluated and met. (Signed by Judge Richard M. Berman on 10/2/2008)(D'Avanzo, Daniel) (Entered: 10/03/2008) |
| 10/06/2008 | 24 | ADMINISTRATIVE ORDER: As to Aafia Siddiqui. Pursuant to the Court's Order, dated October 1, 2008, Ms. Siddiqui was transferred to Federal Medical Center ("FMC") Carswell, in Fort Worth, Texas on October 2, 2008. FMC Carswell provides specialized medical and mental health services to females. The contact information for FMC Carswell is attached. (Signed by Judge Richard M. Berman on 10/6/2008)(D'Avanzo, Daniel) (Entered: 10/06/2008) |
| 10/06/2008 | 25 | TRANSCRIPT of Proceedings as to Aafia Siddiqui held on 9/23/2008 before Judge Richard M. Berman. (jn) (Entered: 10/06/2008) |
| 10/07/2008 | Minute Entry for proceedings held before Judge Richard M. Berman:Pretrial Conference as to Aafia Siddiqui held on 10/7/2008, as to Aafia Siddiqui( Pretrial Conference set for 11/13/2008 at 11:30 AM before Judge Richard M. Berman.) AUSA Jeffrey Brown present. Defendant present with defense attorney William Stampur; Court Reporter Jerry Harrison present. Deft is remanded; next conference is scheduled for 11/13/08 at 11:30am; speedy trial time is excluded for the reasons set forth on the record from 10/7/08 until 11/13/08 pursuant to 18 USC 3161(h)(8)(A) and (B). (jw) (Entered: 10/08/2008) |