United States District Court, E.D. Tennessee, Knoxville
ORDER OF COMMITMENT FOR MENTAL EXAMINATION AND
pretrial motions in this case have been referred to the
undersigned pursuant to 28 U.S.C. § 636(b) for
disposition or report and recommendation regarding
disposition by the District Judge, as may be appropriate.
This case is before the undersigned on Defendant's Motion
for Mental Health Evaluation [Doc. 15], filed on May 2,
2019. The parties appeared before the
undersigned on May 21, 2019 for a hearing on the pending
motion. Assistant United States Attorney Alan Kirk appeared
on behalf of the Government. Attorney Norman McKellar
appeared on behalf of Defendant, who was also present.
motion, Defendant requests to receive a psychological
evaluation by the Board of Prisons pursuant to 18 U.S.C.
§ 4241 to determine his competency to proceed in this
case. Defense counsel expresses concern that Defendant may be
suffering from a mental disease or defect that renders him
unable to understand the nature and consequences of the
proceedings against him or to properly assist in his defense.
At the May 21 hearing, Mr. McKellar stated that he had
requested records pertaining to Defendant's mental health
treatment relating to potentially bipolar disorder or
schizophrenia. Mr. McKellar stated that his own personal
interactions with the Defendant cause him to be concerned
about the Defendant's ability to assist with his own
defense, and that he believes that Defendant is in need of a
competency evaluation. AUSA Kirk stated that the Government
did not object to a competency evaluation.
upon the information presented at the hearing, the Court
finds that reasonable cause exists to believe that the
Defendant may presently be suffering from a mental disease or
defect that renders him mentally incompetent to the extent
that he is unable to understand the nature and consequences
of the proceedings against him or to assist properly in his
defense. The Court concludes that reasonable cause exists to
warrant a mental examination under 18 U.S.C. § 4241(a).
Accordingly, the Court GRANTS
Defendant's motion [Doc. 15] to undergo
a competency evaluation. It is hereby
ORDERED, pursuant to Title 18, Sections
4241(b), 4247(b), and 4247(c), of the United States Code, as
(1) The Defendant shall remain in custody to await
designation for confinement in a suitable facility for the
purpose of conducting a psychiatric and/or psychological
examination by one or more licensed or certified psychiatric
and clinical psychologists. After designation of the facility
is received, the Defendant shall be transported by the United
States Marshals Service to such facility.
(2) The purpose of the evaluation shall be for one or more
licensed or certified psychiatrists and/or clinical
psychologists to conduct psychiatric and psychological
examinations of the Defendant for the purpose of determining
whether the Defendant is suffering from a mental disease or
defect rendering him mentally incompetent to the extent that
he is unable to understand the nature and consequences of the
proceedings against him or to assist properly in his defense,
(3) Pursuant to Rule 12.2(c), the Defendant is to submit to
such examinations as ordered above.
(4) The Defendant shall be given any necessary medications if
determined appropriate by the medical staff at the facility.
(5) The examiner and/or examiners designated to conduct such
examinations shall, pursuant to Title 18, United States Code,
Section 4247(c), file with the Court, as soon as possible
after the completion of such examinations, a report of their
examinations with copies provided to counsel for the
Defendant and counsel for the United States, and said report
(a) the Defendant's history and present symptoms;
(b) a description of the psychiatric, psychological and
medical tests that were employed and their results;
(c) the examiner's findings;
(d) the examiner's opinions as to diagnosis and
(e) the examiner's opinion as to whether the Defendant is
suffering from a mental disease or defect rendering him
mentally incompetent to the extent that he is unable to
understand the nature and consequences of the proceedings
against him or to assist properly in his defense.
(6) Pursuant to Title 18, Section 4247(b), of the United
States Code, the Defendant shall be committed to the custody
of the Attorney General for the purpose of such examinations
for a reasonable period of time not to exceed THIR ...