STATE OF FLORIDA'S MOTION FOR EXTENSION OF TIME TO by uij90909

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									             IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
             OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY
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DAVID LEE ONSTOTT
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                  STATE OF FLORIDA'S MOTION FOR EXTENSION OF TIME
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                    TO COMPLETE LABORATORY TESTING OF EVIDENCE

             COMES NOW MARK A. OBER, STATE ATTORNEY OF THE THIRTEENTH JUDICIAL

CIRCUIT, by and through the undersigned Assistant State Attorney and moves this

Honorable Court to grant an extension of time to enable the completion of

laboratory testing    of   evidence and   as   grounds therefore   would                state the

following:

             1)     On May 11, 2006, this Honorable Court granted the Defendant's

             Motion to Compel and ordered that the State of Florida

             complete all laboratory testing of all evidence within thirty (30)

             days of the hearing date; and

             2      On the day the Court entered its Order, State Attorney Mark

             A. Ober advised the Regional Director of the local Florida

             Department of Law Enforcement Office of this Court's Order and

             requested that all remaining lab work be expedited; and

             3)     Since the entry of this Court's Order, the FDLE lab has

             completed the forensic testing of more than ninety (90) additional

             items that were collected by the Hillsborough County Sheriff's

             Office in its investigation of this case; and

             4)     DNA testing of approximately twelve (12) to twenty (20) hairs

             by the FDLE laboratory shall be completed no later than seven (7)

             days from the date of the anticipated hearing date on this Motion

             for Extension of Time; and

             5)     Soil samples collected by investigating detectives are being
            analyzed by the F.B.I. laboratory. According to F.B.I. laboratory

            personnel, the testing of these items shall be compl.eted by June

            19, 2006;

            6)      Items of evidence taken from the automobile driven by Mr.

            Onstott on the evening of the homicide have been submitted to a

            private laboratory in Dallas, Texas for DNA testing. According to

            personnel from that laboratory, complete testing of all items of

            evidence shall take an additional six (6) weeks.



      For the foregoing reasons, the State of Florida moves this       Honorable

Court to grant the State additional time as noted above to complete all

forensic testing.



            I HEREBY CERTIFY that a true and correct copy of the foregoing

Motion for Extension of Time has been furnished                  Ward, Assistant

Public Defender, attorney for the defendant, this                June, 2006.

                                            Respectfully submitted,




                                            ASSISTANT STATE ATTORNEY
                                            FLORIDA BAR #559415

								
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