Filed: Nov. 07, 2014
Latest Update: Nov. 07, 2014
Summary: ORDER FOR COMPETENCY EVALUATION IN LOCAL PRETRIAL DETENTION FACILITY VICTORIA A. ROBERTS, District Judge. UPON THE MOTION of the Government for a competency evaluation prior to further legal proceedings pursuant to 18 U.S.C. 4241(a); and UPON THE COURT'S FINDING that Mr. Zaki's mental health history, circumstances of the offense, general appearance, and in court behavior warrant such an evaluation to determine whether he is presently "suffering from a mental disease or defect rendering hi
Summary: ORDER FOR COMPETENCY EVALUATION IN LOCAL PRETRIAL DETENTION FACILITY VICTORIA A. ROBERTS, District Judge. UPON THE MOTION of the Government for a competency evaluation prior to further legal proceedings pursuant to 18 U.S.C. 4241(a); and UPON THE COURT'S FINDING that Mr. Zaki's mental health history, circumstances of the offense, general appearance, and in court behavior warrant such an evaluation to determine whether he is presently "suffering from a mental disease or defect rendering him..
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ORDER FOR COMPETENCY EVALUATION IN LOCAL PRETRIAL DETENTION FACILITY
VICTORIA A. ROBERTS, District Judge.
UPON THE MOTION of the Government for a competency evaluation prior to further legal proceedings pursuant to 18 U.S.C. §4241(a); and
UPON THE COURT'S FINDING that Mr. Zaki's mental health history, circumstances of the offense, general appearance, and in court behavior warrant such an evaluation to determine whether he 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." Id.;
THE COURT HEREBY ORDERS that Mr. Zaki be evaluated for competency in the facility where he is being detained by the U.S. Marshal's Service pending completion of the above-docketed case. The Government will propose the expert to provide this service and will submit an order to the Court to admit the expert into the detention facility; and
THE COURT FURTHER ORDERS that pursuant to 18 U.S.C. §4247(b), a copy of the report be provided to the following:
Honorable Victoria A. Roberts
United States District Judge
231 W. Lafayette, Rm. 211
Detroit, MI 48226
(313) 234-5230
Brandon Bolling Scott Zaki (#50157-039)
Assistant U.S. Attorney Defendant
U.S. Attorney's Office Sanilac County Jail
211 W. Fort St., Suite 2001 65 N. Elk Street
Detroit, MI 48226 Sandusky, MI 48471
THE COURT FURTHER ORDERS that the cost of this evaluation will be paid by the United States Attorney's Office;
THE COURT FURTHER ORDERS that all dates in this matter related to Defendant be adjourned, pending completion of the evaluation and a judicial determination of competency; and
IT IS THE FINDING OF THE COURT that the time period from July 27, 2014, the date of Defendant's initial mental competency motion, through the judicial determination regarding competency, is excludable delay for purpose of Speedy Trial calculations, pursuant to 18 U.S.C. §3161(H)(1)(A).
SO ORDERED.