The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton
This matter came before the Court for a Status Conference on June 16, 2009, in the courtroom of the Honorable Lawrence K. Karlton, Senior United States District Judge. The government was represented by its counsel, Assistant United States Attorney Matthew Stegman, and defendant Betty Ellen Anderson was represented by her counsel, Matthew C. Bockmon. The parties agreed that the defendant should be evaluated for competency to stand trial and recommend accommodations at trial if she goes to trial.
Therefore, good cause appearing, IT IS ORDERED that this matter be continued to August 4, 2009, at 9:15 a.m. for a Further Status Conference.
IT IS FURTHER ORDERED that, pursuant to 18 U.S.C. §§ 4241(b) & 4247(b)(c), an examination of defendant's mental/physical competency shall be conducted locally and the examiner shall file a report with the Court with copies to the defense and the government. The report shall include:
(1) the defendant's medical history and present physical symptoms;
(2) a description of the psychological tests that were employed and their results;
(3) the examiner's findings;
(4) the examiner's opinions as to diagnosis, prognosis;
(5) whether the defendant is suffering from a mental or physical disease or defect rendering her mentally or physically incompetent to the extent that she is unable to assist properly in her defense due to physical incapacitation; and
(6) the report should also include any recommended accommodations for the defendant to participate in a four-week trial.
IT IS FURTHER ORDERED that, pursuant to 18 U.S.C. §3161(h)(7)(B) (iv), and Local Code T4, the period from June 16, 2009, through and including August 4, 2009, is excluded from the time computations required by the Speedy Trial Act due to ongoing preparation of counsel.
© 1992-2009 VersusLaw ...