| 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 ofDefendant 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) |
| 10/15/2008 |
26 |
ADMINISTRATIVE ORDER as to Aafia Siddiqui. In the event
there is any uncertainty on the following subjects, the Court advises as
follows: 1) Defendant, Aafia Siddiqui, as all defendants, may be represented
by Court appointed counsel (if they submit an affidavit of need which she
has done) or may hire other counsel of her choice as long as such counsel
is admitted to practice in the Southern District of New York. See Transcript
of proceedings held on September 4, 2008 at 6:3-4 ("[Aafia Siddiqui] is entitled
to select whomever she wishes to have as counsel."). Ms. Fink, a member of
the CJA panel, was appointed for Ms. Siddiqui in the Magistrates Part on
August 5, 2008. 2) Visitation has never been denied to Ms. Siddiqui either
in New York or Texas and is always permitted in accordance with the rules
and regulations of the Bureau of Prisons. 3) The psychological exam currently
in progress was specifically requested by Ms. Siddiqui's own defense counsel
(See Letter dated September 22, 2008 from Ms.Fink) and by the Assistant United
States Attorneys (See Letter dated September 19, 2008 from Mr. Raskin and
Mr. LaVigne). It was, thereafter, authorized by the Court (See Order dated
October 1, 2008). (Signed by Judge Richard M. Berman on 10/15/08)(ja) (Entered:
10/15/2008) |
| 11/17/2008 |
28 |
ORDER: As to Aafia Siddiqui. The Court is distributing to
counsel a forensic evaluation marked "confidential" and dated November 6,
2008 from FMC Carswell, Texas mental health personnel with respect to Aafia
Siddiqui ("Evaluation"). The Evaluation, which is being filed under seal,
concludes that "Ms. Siddiqui is not currently competent to proceed as a result
of her mental disease, which renders her unable to understand the nature
and consequences of the proceedings against her or to assist properly in
her defense." Evaluation at 8. The Court would like counsel to be prepared
to discuss this Evaluation and proposed next steps at the conference scheduled
for Wednesday, November 19, 2008 at 10:00 a.m., including, without limitation
the use of medication as "a medically appropriate treatment for Ms. Siddiqui's
depressive symptomology." Evaluation at 7. Counsel may submit any written
submissions (with citations) on or before November 18, 2008 at 3:00 p.m..
(Signed by Judge Richard M. Berman on 11/17/2008)(D'Avanzo, Daniel) (Entered:
11/17/2008) |