The opinion of the court was delivered by: Hon. William B. Shubb
ORDER FOLLOWING COMPETENCY HEARING PURSUANT TO 18 U.S.C. § 4241
Date: December 3, 2012 Time: 9:30 a.m. Court: Hon. William B. Shubb
This matter came before the Court on December 3, 2012, pursuant to 18 U.S.C. § 4241, for a hearing following receipt of a psychiatric report as to defendant's competency to stand trial. Counsel for defendant and the government acknowledged prior receipt of a written psychiatric evaluation of defendant, dated November 28, 2012, prepared by Gregory Sokolov, M.D. The Court inquired whether either party desired hearing to call any witnesses or present any additional evidence on the issue of competency as provided in 18 U.S.C. §§ 4241(c) and 4247(d). Counsel for both parties submitted the matter based on the information in Dr. Sokolov's report.
The Court thereafter found by a preponderance of the evidence, as required in 18 U.S.C. § 4241(d), that defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to assist properly in his defense. The Court ordered defendant committed to the custody of the Attorney General for hospitalization and treatment at a suitable facility for a period of time not to exceed four months as provided in 18 U.S.C. § 4241(d)(1).
The Court further ordered the government to submit a report as required in 18 U.S.C. § 4241(d)(1), due no later than April 15, 2013, as to whether there is a substantial probability that in the foreseeable future defendant will attain the capacity to permit the proceedings to go forward. A status conference was scheduled for April 22, 2013, at 9:30 a.m. The Court found excusable delay for bringing the matter to trial under the Speedy Trial Act because the delay results from defendant being mentally incompetent to stand trial as specified in 18 U.S.C. § 3161(h)(4) (period of mental incompetence to stand trial) and Local Code N.
IT IS THEREFORE ORDERED that:
1. Defendant is hereby ordered committed to the custody of the Attorney General for hospitalization and treatment in a suitable facility for such a reasonable period of time, not to exceed four months, as is needed to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings in this matter to go forward;
2. The facility selected by the Attorney General shall provide government counsel, Assistant United States Attorneys Todd D. Leras and Michelle A. Prince, with a written report evaluating the probability of defendant's restoration to competence as soon as such a determination can reasonably be made, but no later than April 1, 2013;
3. The government shall provide the Court with a written report regarding the prospect of defendant's restoration to competence as soon as such a determination can reasonably be made, but no later than April 15, 2013;
4. This matter is set for a status conference regarding defendant's restoration to competency on April 22, 2013, at 9:30 a.m.; and
5. Time under the Speedy Trial Act is excluded from the period of December 3, 2012, up to and including April 22, 2013, under 18 U.S.C. § 3161(h)(4) and Local Code N.
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