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IN THE IOWA DISTRICT COURT

IN AND FOR BLACK HAWK COUNTY

            COMES NOW Defendant, by and tbrough counsel, and submits the following in support of his Motion to Reconsider and Application for Stay:

            1.  On January 24, 1997, the Court entered an Order providing that the Defendant shall be sent to the Violators Program in Newton, Iowa and that within two weeks the Department of Corrections shall provide the Court with a detailed statement setting out the medical intervention by which the State contends it can manage the Defendant's pain.

            2.  Incarceration at the Violators Program, even if very short in duration, is likely to cause extreme pain and lasting physical deterioration of the Defendant's physical condition.

            3.  The medical professionals testifying at the hearing indicated that there was no medical procedure or treatment known which would treat the Defendant's pain resulting from fibro-malagia, outside of the mariiuana which the providers cannot prescribe.

            4.  There is little, if no, likelihood that the State can present the Court with a viable statement setting out the medical intervention by which the State can manage the Defendant's pain.

            5.  If the State can present the Court with a viable medical intervention which can manage the Defendant's pain, the Defendant would, with the concurrence of his doctors, volunteer for such treatment, obviating the need for the Violators Program.

            6.  It is a poor use of State's resources to send the Defendant to the Violators Program for a limited period of time with the likelihood that the State cannot assist him in managing his constant pain.

            7.  The State should be required to present the Court with some viable method of treating the Defendant's pain prior to his being sent to the Violators Program.

            8.  Defendant is willing to present the State with an authorization for release of medical records and will authorize his treating physicians to work with the Department of Corrections Medical Staff so that the State can review same in determining whether a viable medical procedure or treatment exists and can be given to the Defendant at the Violators Program.

            WHEREFORE Defendant prays that the Order of January 24, 1997, be stayed and that this matter be set for hearing and at such hearing the State should be required to present the Court with a medically viable plan for treatment to manage the Defendant's pain, and that the Court's Order be reconsidered and that the Defendant simply be placed on self-probation.

                                                                                            FRERICHS LAW OFFICE, P.C.
                                                                                            Attorney for Defendant
                                                                                            209 West 5th Street
                                                                                            P.O. Box 328
                                                                                            Waterloo, IA 50704-0328
                                                                                            (319) 236-7204

                                                                                        By____________________
                                                                                            Thomas P. Frerichs
                                                                                            BL0013016