Filed: Jun. 11, 2018
Latest Update: Jun. 11, 2018
Summary: MOTION FOR COMPETENCY EVALUATION PURSUANT TO 18 U.S.C. 4241(a) AND TO WITHDRAW ORAL MOTION FOR SANITY EVALUATION R. BROOKE JACKSON , District Judge . Mr. Cruz, through his counsel David Johnson and Natalie Stricklin, and pursuant to 18 U.S.C. 4241(a) requests this Court appoint an evaluator, specifically Dr. Melanie Heto, Psy.D., for the purpose of performing a competency evaluation. 1. On June 1, 2018, Mr. Cruz appeared for a change of plea hearing. At that hearing, Mr. Cruz, through
Summary: MOTION FOR COMPETENCY EVALUATION PURSUANT TO 18 U.S.C. 4241(a) AND TO WITHDRAW ORAL MOTION FOR SANITY EVALUATION R. BROOKE JACKSON , District Judge . Mr. Cruz, through his counsel David Johnson and Natalie Stricklin, and pursuant to 18 U.S.C. 4241(a) requests this Court appoint an evaluator, specifically Dr. Melanie Heto, Psy.D., for the purpose of performing a competency evaluation. 1. On June 1, 2018, Mr. Cruz appeared for a change of plea hearing. At that hearing, Mr. Cruz, through a..
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MOTION FOR COMPETENCY EVALUATION PURSUANT TO 18 U.S.C. § 4241(a) AND TO WITHDRAW ORAL MOTION FOR SANITY EVALUATION
R. BROOKE JACKSON, District Judge.
Mr. Cruz, through his counsel David Johnson and Natalie Stricklin, and pursuant to 18 U.S.C. § 4241(a) requests this Court appoint an evaluator, specifically Dr. Melanie Heto, Psy.D., for the purpose of performing a competency evaluation.
1. On June 1, 2018, Mr. Cruz appeared for a change of plea hearing. At that hearing, Mr. Cruz, through a written letter, expressed concerns regarding his competency to proceed. See also ECF No. 39. After discussion on the record, defense counsel orally moved for a competency evaluation. That motion was granted and counsel was ordered to submit a proposed order.
2. Upon request from counsel, the Court additionally ordered a sanity evaluation be conducted. Counsel now withdraws the request for a sanity evaluation.
3. Pursuant to 18 U.S.C. § 4241(a), Counsel and Mr. Cruz persist in their request for a competency evaluation.
4. Counsel has contacted Dr. Melanie Heto whose CV is attached to this motion. Dr. Heto stated she would be willing to conduct a competency evaluation in this case. Further, Dr. Heto is available to conduct to a competency evaluation in Mr. Cruz's native language, Spanish.1 Mr. Cruz requests that this Court order Dr. Heto to conduct the competency evaluation in this case.
5. Mr. Cruz requests that the competency evaluation be limited to an inquiry regarding whether Mr. Cruz is presently suffering from a mental illness which renders him unable to comprehend the nature of the proceedings against him or reasonably assist in his defense. Counsel requests that the evaluator not question Mr. Cruz about the instant offense beyond what is necessary to determine competency.
6. Undersigned counsel have conferred with AUSA Emily May. Ms. May confirmed that the government does not object to the Court appointing Dr. Heto to conduct a competency evaluation.
Attachment 1
EDUCATION
The George Washington University
Doctor of Clinical Psychology, 2009; APA Accredited Assessment and Adult Clinical
Grinnell College
Bachelor of Arts, 2002; Psychology and Spanish Double Major Overseas Study: Universidad de Chile, Santiago, Chile (2000)
CLINICAL EXPERIENCE
Forensic Psychologist: January 2015 to present
Clinical, Health and Forensic Psychology, Denver, CO.
Provide contract psychological services in forensic private practice setting. Conduct civil assessments, worker's compensation evaluations and treatment, and court evaluations for competency to stand trial, mitigation/sentencing, and diagnostic purposes.
Clinical and Forensic Psychologist/Owner: January 2011 to present
Evolve Psychology Center, Denver, CO.
Operate bilingual psychology private practice. Perform a wide variety of forensic, psychological, diagnostic, psychoeducational, and neuropsychological evaluations for private referrals, disability services, local schools, physicians, and attorneys. Forensic assessments include Competency to Proceed, Civil and Immigration. Provide mindfulness-based psychotherapy to a diverse clientele of adolescents and adults.
Forensic Programs Consultant: September 2014 to April 2017, April 2018 to present Director, Forensic Programs: September 2013 to Sept 2014, April 2017 to April 2018 Correct Care, LLC, Denver, CO; RISE Program
Provided administrative oversight and clinical leadership to multidisciplinary treatment team in jail-based competency restoration program. Supervised all clinical programming activities and competency assessments. Managed a team of nine employees.
Director, Latino Psychology Program: September 2014 to September 2015 University of Denver Graduate School of Professional Psychology, Denver, CO
Created academic specialty area for graduate psychology students. Designed curriculum, recruited students, conducted language testing, developed Chilean exchange program, and fostered community relations. Taught Latino Psychology coursework, oversaw program staff, and managed grant compliance.
Bilingual Forensic Psychologist: April 2011 to February 2013
Spring Grove Hospital Center, Catonsville, MD
Led forensic multidisciplinary teams; conducted court-ordered competency to stand trial and criminal responsibility evaluations for individuals with severe mental illness in inpatient psychiatric setting. Assessed for dangerousness and restorability of competency. Provided expert testimony.
Professorial Lecturer: January 2012 to June 2012
The George Washington University, Washington DC
Taught course on cognitive assessment to PhD candidates in Clinical Psychology. Supervised students' cognitive assessments of clinic clients. Lectured on research-based assessment and test administration, scoring and interpretation.
Associate Director: 2011-2013
Bilingual Neuropsychology and Forensic Evaluator: 2006-2011
Joseph Gorin and Associates, Washington DC.
Assisted in organizational, marketing, and business decision-making and responsibilities, to include billing, referral and staff management, supervising extern and postdoctoral trainees. Performed immigration evaluations for individuals in legal proceedings seeking hardship, asylum, or legal protection. Conducted neuropsychological evaluations of students with learning disabilities or developmental disorders for public and private schools, disability services administration, and courts. Provided psychotherapy to adults and adolescents with trauma disorders.
Bilingual Forensic Clinician: June 2010-February 2011
The Center for Clinical and Forensic Services Inc, Fairfax, VA.
Conducted risk assessments for court-involved adults and juvenile offenders with a range of underlying/associated mental, emotional, sexual, interpersonal, and psychosocial issues. Provided individual, group and family treatment in outpatient treatment program. Consulted with probation officers on community supervision recommendations for offenders. Supervisor: Celena Gates, PsyD.
Bilingual Correctional Psychology Intern: October 2008-October 2009
Bureau of Prisons Federal Correctional Complex, Department of Justice, Coleman, FL.
Provided psychological services to male and female inmate population within minimum, low, medium, and penitentiary security levels. Responded to crises including security disturbances and suicide risk assessments. Conducted psychological evaluations to assess risk for re-offense, learning disabilities, or to inform management and psychiatric treatment recommendations. Director of Clinical Training: Jeffrey Bates, Ph.D.
PUBLICATIONS, RESEARCH PRESENTATIONS & POSTERS
Schettler, M. (2014) Psychological Perspectives of Violence. In Pietz, C., & Mattson, C., (Eds.), Violent Offenders: Understanding and Assessment. New York, NY: Oxford University Press.
Marmarosh, C., Whipple, R., Schettler, M., Pinhas, S., Wolf, J., & Sayit, S. (2009). Adult Attachment Styles and Group Psychotherapy Attitudes. Group Dynamics: Theory, Research, and Practice, 13(4), 255-264.
Marmarosh, C., Whipple, R., Pinhas, S., Wohl, R., Wolf, J., Schettler, M., & Sayit, S. (2007). Patient adult attachments and their attitudes about group therapy at intake and in group treatment. The Group Psychologist, 17, 14-16.
Marmarosh, C., Whipple, R. Schettler, M., Pinhas, S., Wolf, J., & Sayit, S. (2007, August). Integrating research and clinical training: Dynamic psychotherapy with therapist trainees. Paper presented at the annual meeting of the American Psychological Association, San Francisco, CA.
Marmarosh, C., Whipple, R., Pinhas, S., Wolf, J., Schettler, M., & Sayit, S. (2007, August). Patients' adult attachments and their attitudes about group therapy at intake and in group treatment. Poster session presented at the annual meeting of the American Psychological Association, San Francisco, CA.
Marmarosh, C., Whipple, R., Pinhas, S., Wohl, R., Wolf, J., Schettler, M., & Sayit, S. (2007, January). Patient adult attachments and their attitudes about group therapy at intake and in group treatment. Poster session presented at the annual meeting of the American Psychoanalytic Association, New York., N.Y.
Marmarosh, C., Schettler, M., Wolf, J., Sayit, S., Whipple, R., Pinhas, S., & Wohl, R. (2007, January). Therapist and patient mental representations: The early therapy relationship in long term psychodynamic psychotherapy. Poster session presented at the annual meeting of the American Psychoanalytic Association, New York, N.Y.
HONORS & MEMBERSHIPS
• Credentialed Registrant, National Register of Health Service Providers in Psychology
• Member, Physicians for Human Rights
• Member, American Psychological Association
• Member, Colorado Psychological Association
• Credentialing Scholarship, National Register of Health Service Providers in Psychology, 2009
• Columbian College Fellow, The George Washington University, 2005-2007
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CASE NO. 17-cr-00398-RBJ
UNITED STATES OF AMERICA,
Plaintiff,
v.
MIGUEL LERMA CRUZ,
a/k/a Danny Ortega,
Defendant.
ORDER RE: DEFENDANT'S MOTION FOR COMPETENCY EVALUATION PURSUANT TO 18 U.S.C. § 4241(a) AND TO WITHDRAW ORAL MOTION FOR SANITY EVALUATION
Having reviewed Defendant's Motion for a Competency Evaluation Pursuant to 18 U.S.C. § 4142(a) and to Withdraw Oral Motion for Sanity Evaluation, the Court finds and orders as follows:
The Court will GRANT the Defendant's request for a competency evaluation and order Dr. Melanie Heto to perform that evaluation pursuant to 18 U.S.C. § 4142(a). Dr. Heto will not question Mr. Cruz about the offense or his criminal history beyond that which is necessary to determine competency.
The Court will also GRANT the Defendant's request to withdraw the oral motion for a sanity evaluation.
DATED: _____________________________
__________________________________
Honorable Judge R. Brooke Jackson
