DONALD C. RANDOLPH, ESQ., California State Bar Number: 62468
RANDOLPH & LEVANAS
A Professional Corporation
1717 Fourth Street, Third Floor
Santa Monica, California 90401-3319
Telephone: 310/395-7900
Attorneys for Defendant
KEVIN DAVID MITNICK
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff, v. KEVIN DAVID MITNICK, et. al, Defendants. _________________________________ |
) ) ) ) ) ) ) ) ) ) ) ) ) ) |
CASE NO. CR 96-881-MRP MOTION RE: SUPPLEMENTAL LAW LIBRARY TIME DATE: March 9, 1998 TIME: 1:30 p.m. COURT: 12 |
TO NORA M. MANELLA, UNITED STATES ATTORNEY, AND TO HER ASSISTANTS DAVID SCHINDLER AND CHRISTOPHER PAINTER:
Defendant, KEVIN DAVID MITNICK, by and through his attorney of record, Donald C. Randolph, hereby moves this Court for an order granting him supplemental law library time while incarcerated at the Metropolitan Detention Center.
This motion is based upon all the files and pleadings in this case, the Memorandum of Points and Authorities, attached Exhibits and
/ / /
/ / /
any evidence which may be presented at hearing on this matter.
DATED: February 26, 1998 Respectfully submitted,
RANDOLPH & LEVANAS
By: ________________________________
Donald C. Randolph
Attorneys for Defendant
KEVIN DAVID MITNICK
MEMORANDUM OF POINTS AND AUTHORITES
The defendant requests that, in the interests of judicial and administrative economy, he be afforded law library time in excess of the five and one-half hours per week which is currently available to him. Such additional time is commonly granted to defendants demonstrating need, including defendants who are represented by counsel. [Exhibiit B] As such, the defendant requests access to the Metropolitan Detention Center law library for at least an additional ten hours per week, on those days designated for this purpose.
Due to the complexity of this case, the defendant has demonstrated a particular need for law library time in addition to the minimum amount currently available to him. Moreover, granting this additional library time will help allay the Court's concern over the expenditure of CJA funds by reducing the amount of attorney time necessary to conduct legal research for this defense. Because the Metropolitan Detention Center already has two days a week set aside for inmates who are granted extra library time, the administrative costs associated with this Order will essentially be zero.
DATED: February 26, 1998 Respectfully submitted,
RANDOLPH & LEVANAS
By: ______________________________
Donald C. Randolph
Attorneys for Defendant
Kevin David Mitnick
DECLARATION OF DONALD C. RANDOLPH
I, Donald C. Randolph do declare:
I declare under penalty of perjury the above is true and correct.
Executed this 26th day of February, 1998, in Santa Monica, California.
______________________________
Donald C. Randolph