ELECTRONICALLY FILED 5/3/2012 4:13 PM CC-2011-002417.00 CIRCUIT COURT OF MADISON COUNTY, ALABAMA JANE C.

SMITH, CLERK

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA STATE OF ALABAMA, Plaintiff, VS. HAMMAD AHMAD MEMON, Defendant. ) ) ) ) ) ) ) ) )

CASE NUMBER: CC2011-2417 KKH

MOTION TO CONTINUE TRIAL DATE COMES NOW the Defendant, by and through counsel, and most respectfully shows unto this Honorable Court: 1. Trial of this case is presently set for June 18, 2012.

2. The Defendant is in custody at the present time. This Court revoked the Defendants pretrial bond as a result of the Defendants apparent attempt to flee the jurisdiction. 3. Undersigned counsel has spent considerable time with the Defendant since his return from Texas. These discussions have led counsel to the good faith belief that the Defendant is presently not competent to stand trial. 4. In addition, counsel is of the belief that the Defendant suffers from a severe mental illness. Further, counsel is of the belief that, at the time of the alleged incident, the Defendant suffered from a severe mental illness. 5. The Defendants severe mental illness has worsened as a result of the recent events in the case and his subsequent incarceration. 6. The Defendant is in need of additional time to prepare for a defense of not guilty by reason of mental disease or defect. 7. The Defendant intends to retain his own experts, and is not seeking a courtordered mental health evaluation.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests that this Honorable Court grant a continuance of this trial of at least 120 days in order to prepare his defense. Respectfully submitted this the 3rd day of May, 2012.

s/ Bruce A. Gardner Bruce A. Gardner (GAR019) Attorney for the Defendant P. O. Box 18636 Huntsville, AL 35804-8636 Phone: (256) 533-5756 Fax: (256) 533-0046 E-mail: monna@gardnerlaw.org

CERTIFICATE OF SERVICE I hereby certify that on May 3, 2012, I electronically filed the foregoing with the Clerk of the Court using the Alafile system which will send notification of such filing to Tim Gann, Assistant Madison County District Attorney. s/ Bruce A. Gardner