Filed: Aug. 23, 2016
Latest Update: Aug. 23, 2016
Summary: ORDER DEAN WHIPPLE , District Judge . Pending before the Court is Magistrate Judge Sarah W. Hays's Report and Recommendation. Doc. 29. Neither party has filed an objection to the Report and Recommendation. After an independent review, the Court ADOPTS the Magistrate's Report and Recommendation. Consequently, it is hereby ORDERED that the Magistrate's Report and Recommendation (Doc. 29) be attached to and made a part of this Order; it is further ORDERED that the Court finds Defendant Roscoe
Summary: ORDER DEAN WHIPPLE , District Judge . Pending before the Court is Magistrate Judge Sarah W. Hays's Report and Recommendation. Doc. 29. Neither party has filed an objection to the Report and Recommendation. After an independent review, the Court ADOPTS the Magistrate's Report and Recommendation. Consequently, it is hereby ORDERED that the Magistrate's Report and Recommendation (Doc. 29) be attached to and made a part of this Order; it is further ORDERED that the Court finds Defendant Roscoe ..
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ORDER
DEAN WHIPPLE, District Judge.
Pending before the Court is Magistrate Judge Sarah W. Hays's Report and Recommendation. Doc. 29. Neither party has filed an objection to the Report and Recommendation. After an independent review, the Court ADOPTS the Magistrate's Report and Recommendation. Consequently, it is hereby ORDERED that the Magistrate's Report and Recommendation (Doc. 29) be attached to and made a part of this Order; it is further
ORDERED that the Court finds Defendant Roscoe D. Teagues, III is not currently suffering from a mental disease or defect which would prevent him from understanding the nature and consequences of the proceedings against him or assisting in his defense.
IT IS SO ORDERED.
REPORT AND RECOMMENDATION
On December 15, 2015, a Criminal Complaint was filed against defendant Roscoe D. Teagues III. On January 12, 2016, the Grand Jury returned a one-count indictment against defendant Teagues charging defendant with being a felon in possession of a firearm.
On March 14, 2016, defense counsel filed a Motion for Determination of Competency. The motion requested that the Court order a psychiatric or psychological examination of defendant regarding defendant's mental ability to understand the proceedings presently pending against him and to properly assist his counsel in his own defense. On March 17, 2016, the Court ordered that defendant undergo a psychiatric or psychological examination.
Defendant Teagues was examined at the Federal Medical Center, Devens, Massachusetts. On July 6, 2016, a Forensic Report was filed with the Court. The Forensic Report was prepared by Miriam Kissin, Psy.D., Forensic Psychologist. The evaluation concluded:
OPINION REGARDING PRESENT COMPETENCY TO STAND TRIAL:
Mr. Teagues presents with a history of substance abuse, and long-standing characterological problems. These factors have predisposed him toward antisocial attitudes, mistrust and suspiciousness of people and institutions, and behaviors resulting in significant social maladjustment. In addition, Mr. Teagues has a reported history of episodes of psychotic thinking and disorganized behaviors, marked by rapid onset, and relatively quick resolution. In light of his available substance use and mental health history, coupled with the fact of the episodic characteristic of these episodes, it appears likely Mr. Teagues's acute psychiatric decompensation has typically been resultant of substance use, specifically PCP. Additionally, the paranoid stance associated with his personality profile likely serves to further compromise Mr. Teagues's mental state and both promote and enhance periods of decompensation. In the course of such episodes, Mr. Teagues has presented as grossly dysfunctional. However, between such episodes, often occurring years apart, Mr. Teagues's functioning has not appeared indicative of a psychotic illness, despite the absence of psychiatric treatment. While his social functioning has remained marginal most of his problems appear to be caused by troubled interpersonal relationships, lack of steady employment and housing, and repeated violence and other criminal behaviors. Additionally, Mr. Teagues holds significant, long-standing concerns about perceived fundamental economic and social injustices. While similar ideas are shared by many others, and certainly not in and of themselves indicative of a psychiatric illness, these ideas have at times become preoccupying and distressing for Mr. Teagues, causing him to feel distress over perceived alienation from others' world views. Furthermore, his proclivity toward paranoid ideation has likely both predisposed him to and fueled the severity of these concerns.
Presently, Mr. Teagues does not present with any significant symptoms of a psychotic disorder or another major mental illness. He is not prescribed psychotropic medication. Mr. Teagues remained capable of adaptive and independent functioning throughout the course of the instant evaluation. He exhibited a single instance of unusual behavior, which was short-lived, and questioned as having been potentially influenced by other parties. In regard to his competency-related skills and capacities, Mr. Teagues is well aware of general court proceedings, as well as the details of his particular legal case. Although he disagrees with certain aspects of the allegations put forth by the government, Mr. Teagues's general description of the facts in the case is consistent with information available from the discovery. Mr. Teagues has expressed a negativistic view of the criminal justice system, stilted by his perceptions of systemic injustices within all social and political institutions. However, despite these misgivings he expressed no specific mistrust of the Court or his defense attorney. Mr. Teagues related he is motivated to act in a manner most beneficial to him, and is willing to continue working with his attorney to pursue that end. Mr. Teagues has expressed his desire to defend himself against the instant charges. He has related perceived insufficient evidence produced by the government would support his defense. He has also described intention to counter the government's case by opposing the negative depiction of his "character" he expects the government will utilize in the course of his prosecution. While the legal merits and ultimate success of these intended strategies is unknown, there was no indication his appraisal of his relationship with his attorney, conceptualization of the criminal justice process, or the facts of his case were mediated by bizarre or disordered thinking associated with a psychotic illness.
In conclusion, based upon the available information, it is my opinion that despite being symptomatic for some mental health problems, Mr. Teagues's competency-related skills are not significantly compromised by symptoms of a serious mental illness or defect such that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.
PROGNOSIS AND RECOMMENDATIONS:
Mr. Teagues does not present with any currently acute psychological or cognitive problems that would be expected to undermine his adaptive functioning. He is functioning adaptively, despite the absence of psychiatric treatment. He presents without indication of acute emotional distress or anxiety. In the past he has exhibited psychotic symptoms, likely in the context of substance use. However, there is no indication he is experiencing any currently acute psychiatric symptoms that would serve to undermine his ability to function adaptively in the context of legal proceedings.
(Forensic Report (doc #26) at 15-16)
On July 27, 2016, a competency hearing was held before the undersigned. Defendant Teagues appeared with counsel, Assistant Federal Public Defender William Ermine. The government was represented by Assistant United States Attorney Justin Davids. The only evidence presented at the hearing was the Forensic Report prepared by Miriam Kissin, Psy.D., Forensic Psychologist.
As set forth above, Dr. Kissin opined that "despite being symptomatic for some mental health problems, Mr. Teagues's competency-related skills are not significantly compromised by symptoms of a serious mental illness or defect such that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense." (Doc #26 at 16)
Based upon the information before the Court, it is
RECOMMENDED that the Court, after making an independent review of the record and applicable law, enter an order finding that defendant Roscoe D. Teagues III is not currently suffering from a mental disease or defect which would prevent him from understanding the nature and consequences of the proceedings against him or assisting in his defense.
Counsel are reminded they have fourteen days from the date of this Report and Recommendation within which to file and serve objections. A failure to file and serve timely objections shall bar an attack on appeal of the factual findings in this Report and Recommendation which are accepted or adopted by the district judge, except on grounds of plain error or manifest injustice.
____________________________
SARAH W. HAYS
UNITED STATES MAGISTRATE JUDGE
