Filed: Sep. 06, 2018
Latest Update: Sep. 06, 2018
Summary: ORDER CALLIE V.S. GRANADE , Senior District Judge . On this date the Court conducted a hearing for a determination of Defendant's mental competency to stand trial pursuant to 18 U.S.C. 4241. Present during the hearing and in Court was the Defendant, Defense Counsel, and Michele O'Brian for the United States. Prior to the hearing, copies of the report containing the medical opinion of Dr. Jeremiah Dwyer of the Federal Detention Center, Englewood, CO, were made available and reviewed by th
Summary: ORDER CALLIE V.S. GRANADE , Senior District Judge . On this date the Court conducted a hearing for a determination of Defendant's mental competency to stand trial pursuant to 18 U.S.C. 4241. Present during the hearing and in Court was the Defendant, Defense Counsel, and Michele O'Brian for the United States. Prior to the hearing, copies of the report containing the medical opinion of Dr. Jeremiah Dwyer of the Federal Detention Center, Englewood, CO, were made available and reviewed by the..
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ORDER
CALLIE V.S. GRANADE, Senior District Judge.
On this date the Court conducted a hearing for a determination of Defendant's mental competency to stand trial pursuant to 18 U.S.C. § 4241. Present during the hearing and in Court was the Defendant, Defense Counsel, and Michele O'Brian for the United States.
Prior to the hearing, copies of the report containing the medical opinion of Dr. Jeremiah Dwyer of the Federal Detention Center, Englewood, CO, were made available and reviewed by the Court, counsel for Defendant and the United States. Dr. Dwyer concluded that the Defendant, Donald Nicholson, is suffering from a severe mental disease or defect that renders him unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. The Federal Medical Center's forensic staff further recommended that the Defendant be committed for a period of mental health treatment under the provisions of Title 18, U.S. Code, § 4241(d). No additional testimony, or other expert opinions, were offered by either party.
Therefore, based on the evidence presented, the Court finds by a preponderance of the evidence that the Defendant is presently 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. Accordingly, pursuant to 18 U.S.C. §4241(d), the Court hereby commits the defendant to the custody of the United States Attorney General for a reasonable time, not to exceed four months1, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed. During this period, he is to undergo a thorough assessment to determine the specific nature of his mental disability and receive mental health treatment, which may include the administration of antipsychotic medications, to aid in improving his comprehension and retention.
DONE and ORDERED.
