Notice of Motion for continuance of demurrer in order to permit time to oppose prosecutions’ rebuttal received yesterday.

            To Monique Langhorn, Deputy District Attorney and Gary Leiberstein, elected District Attorney:

Please be advised that at the venue indicated I will ask the court for a continuance as set forth below. I ask that you stipulate to a continuance and, as indicated below, I promise in exchange to likewise stipulate to a continuance should you request one. Also, as more fully set forth below, I waive my right to a speedy trial to the extent required to continue this motion.

Motion to Continue demurrer in order to permit time to oppose prosecution’s rebuttal which I received by mail Monday.

            Comes now defendant Buzz Vieau requesting a continuance to permit him to answer a rebuttal that he received Monday - merely 72 hours prior to the time set for the hearing. This continuance is needed to permit me, the defendant, due process and adequate opportunity to review the authorities that the prosecutor listed in her rebuttal to my demurrer.

            There is no prejudice to the prosecution by this continuance.

            I ask for a continuance until Thursday April 10^th at 9 a.m. in this court.

Conditional Waiver of time and conditional grant of reciprocal stipulation.

            I hereby waive my speedy trial rights to the degree necessary to permit this continuance. I also agree to stipulate to a continuance for the prosecution in the future conditioned upon her stipulating to this continuance today. ___________________ Buzz Vieau

Declaration of Defendant re: Need for continuance.

            Yesterday, Monday 17 March 2003 I received by mail a response to my demurrer that I personally served on the prosecutor 26 days ago - on the 20^th of February. I cannot possibly research and answer this late rebuttal and be ready to argue this motion on the day previously set, March 20^th. Furthermore, as I recall, the rules require any response by me to be served 2 days before the hearing - which is merely 24 hours after receiving the pleading from the prosecutor. The pleading would have to be filed today. I cannot perform that much legal work and also perform the work at my job.

            For 33 years I have been in the housing construction business. I have been a licensed contractor for 24 years. I work full time. Today I had work commitments. I could not abandon my clients today to devote the entire day to research. I have a lawyer who helps me with legal research and writing but he, too, must have adequate time to schedule and perform this work.

            Even if the prosecutor had served the papers by personal delivery on Friday as I do to her, I would likely have needed a continuance because I cannot always find legal assistance on the weekend.

            I make this motion for a valid legal purpose, to wit: to preserve my right to Due Process which includes adequate opportunity to be heard - which, in turn, includes adequate time to research and prepare a written surrebutter. My purpose is not to delay this proceeding.

__________________ - Buzz Vieau Thursday, Tuesday, March 18, 2003 (3:02pm)

Proof of service.

            I, Buzz Vieau, declare the following under penalty of perjury: On Tuesday, March 18, 2003 at about 4 pm I personally served this motion upon the receptionist at the office of the prosecutor. Thereafter I personally filed it with the clerk of this court. ___________________________ Buzz Vieau. 18 March 03.