DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
UNITED STATES OF AMERICA,
5
5
Plaintiff,
5
2007-CR-0056
v.
5
5
LELAND DOWE and MISAEL ORTIZ,
5
5
Defendants.
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__________________________________________5
TO:
Rhonda Williams-Henry, Esq., AUSA
Patricia Schrader-Cooke, Esq., AFPD
Martial A. Webster, Sr., Esq.
ORDER DENYING GOVERNMENT’S MOTION FOR SALIVA SAMPLES
THIS MATTER came before the Court for consideration upon Government’s Motion
For Saliva Samples (Docket No. 45).  A hearing was held on February 20, 2008.  The
government was represented by Rhonda Williams-Henry, Esq., AUSA.  Patricia Schrader-
Cooke, Esq., AFPD, appeared on behalf of Defendant Leland Dowe and Martial A.
Webster, Sr., Esq., appeared on behalf of Defendant Misael Ortiz.  Defendants also were
present.
The government asserts that swabbing samples and vacuumed debris were taken
from the vehicle which Defendants are charged with using without authorization, and it
is necessary to take saliva samples from Defendants to compare the DNA from said saliva
Case: 1:07-cr-00056-RLF-GWC   Document #: 46   Filed: 02/20/08   Page 1 of 2
United States v. Dowe and Ortiz
2007-CR-0056
Order Denying Government’s Motion For Saliva Samples
Page 2
samples to the samples and debris found in the vehicle.  Defendants maintain that they are
ready to go to trial and will not waive their right to a speedy trial.
The Court finds that the testing sought would result in the delay of trial.  This case
is not unusual or complex.  In addition, trial is not impossible without the evidence sought;
the evidence is not material either to inculpate or exculpate Defendants.  U.S. v. Drapeau,
978 F.2d 1072, 1073 (8 Cir. 1992).  The Court finds that a continuance is not justifiable in
th
view of the fact that the underlying incident giving rise to the indictment occurred on
November 4, 2007.  Had the government exercised due diligence, the requested testing
could have been completed prior to the current trial date of March 3, 2008.  See, e.g., Synder
v. Donato, 118 P.2d 632, 637 (Ariz. App. 2005).
Based upon the foregoing, it is now hereby ORDERED that Government’s Motion
For Saliva Samples is DENIED.
ENTER:
Dated: February 20, 2008
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:07-cr-00056-RLF-GWC   Document #: 46   Filed: 02/20/08   Page 2 of 2