Filed: Jun. 19, 2018
Latest Update: Jun. 19, 2018
Summary: ORDER BRIAN C. WIMES, JR. , District Judge . Before the Court is Magistrate Judge Willie J. Epps, Jr.'s Report and Recommendation (Doc. #23). The Court by its own motion, ordered Defendant undergo a psychiatric or psychological examination as authorized by 42 U.S.C. 4241. Neither defense counsel nor the Government objected to the Court's Order. The evaluation was ordered and an examination was conducted at the U.S. Department of Justice, Federal Bureau of Prisons, Federal Detention Cente
Summary: ORDER BRIAN C. WIMES, JR. , District Judge . Before the Court is Magistrate Judge Willie J. Epps, Jr.'s Report and Recommendation (Doc. #23). The Court by its own motion, ordered Defendant undergo a psychiatric or psychological examination as authorized by 42 U.S.C. 4241. Neither defense counsel nor the Government objected to the Court's Order. The evaluation was ordered and an examination was conducted at the U.S. Department of Justice, Federal Bureau of Prisons, Federal Detention Center..
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ORDER
BRIAN C. WIMES, JR., District Judge.
Before the Court is Magistrate Judge Willie J. Epps, Jr.'s Report and Recommendation (Doc. #23). The Court by its own motion, ordered Defendant undergo a psychiatric or psychological examination as authorized by 42 U.S.C. § 4241. Neither defense counsel nor the Government objected to the Court's Order. The evaluation was ordered and an examination was conducted at the U.S. Department of Justice, Federal Bureau of Prisons, Federal Detention Center, in Englewood, Colorado by Jessica Micono, Psy.D. A status hearing as to Defendant's competency was held on April 12, 2018. After making an independent review of the record and the applicable law, the Court adopts Magistrate Judge Epps' findings of fact and conclusions of law. Accordingly, it is hereby
ORDERED defendant Jacob Allen Monteer may suffer from a mental disorder that significantly impairs his present ability to understand the nature and consequences of the court proceedings against him, and his ability to properly assist counsel in his defense, It is further
ORDERED pursuant to 18 U.S.C. § 4241(d)(1), defendant Monteer shall be committed to the custody of the Attorney General who shall hospitalize defendant for treatment in a federal medical center for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future defendant Monteer will attain the capacity to permit the trial to proceed. It is further
ORDERED that defendant Monteer be hospitalized for treatment at the federal medical center located in Springfield, Missouri, if said facility is available. It is further
ORDERED that Magistrate Judge Epps' Report and Recommendation be attached to and made part of this Order.
IT IS SO ORDERED.
REPORT AND RECOMMENDATION
On January 8, 2018, defendant Jacob Allen Monteer appeared in person and represented by counsel, Assistant Federal Public Defender Troy Stabenow. The United States was represented by Assistant United States Attorney Larry Miller. The purpose of the appearance was to conduct a hearing on the Government's motion to have Defendant detained pending trial.
The Court, by its own motion, ordered Defendant to undergo a psychiatric or psychological examination, as authorized by 42 U.S.C. § 4241. (Doc. 13). Neither defense counsel nor the Government objected to the Court's order. The evaluation was ordered to determine whether 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.
The examination was conducted at the U.S. Department of Justice, Federal Bureau of Prisons, Federal Detention Center, in Englewood, Colorado. The Forensic Evaluation, signed by Jessica Micono, Psy.D., was filed with the Court on April 2, 2018. (Doc. 21).
A hearing as to Defendant's competency was held on April 12, 2018. Defendant appeared in person and represented by Assistant Federal Public Defender Troy Stabenow. Assistant United States Attorney Michael Oliver appeared for the Government. Dr. Micono also appeared via telephone during the hearing. Both parties discussed their opinion that it was unclear whether Dr. Micono's Evaluation Report was recommending that Defendant be committed pursuant to 18 U.S.C. § 4241(d), or that the Report was simply requesting additional time for Defendant to be further evaluated in order to make a determination as to Defendant's present competency to proceed.
Dr. Micono's Evaluation Report provided the following Discussion and Opinion Concerning Competency to Stand Trial:
As noted above, Mr. Monteer declined to participate in a legally focused interview. However, during the clinical interview, he made statements regarding his current criminal charges. He stated that he has been "set up, ever since March 2017." He went on to say, "[e]ver since I started smoking dope, so it looks like it's that, but it's not." Mr. Monteer said that because he was using methamphetamine, it makes it look like he is "crazy." He stated that he even initially believed his suspicions about the police and the cartels were because of his methamphetamine use. He said, "[n]ow I realize it wasn't, but that it was a set up. I put it all together in September 2017, and can prove they were after me, by stuff they didn't do but should have. They wanted to put me in Missouri DOC because they were kidnapping women in Kansas City." Mr. Monteer went on to say that the "crooked law enforcement" was trying to kill him because they knew that he was "on to them." He went on to say, "I wasn't really on to them," and added that he thought he "was just tweaking." Mr. Monteer's statements during the current evaluation were similar to statements he made during the in-custody interview on December 4, 2017.
In summary, Mr. Monteer has the cognitive ability to understand basic legal procedure. Based on his performance on the WASI-II, he did not present with any significant cognitive deficits that would interfere with his ability to understand the nature and consequences of the proceedings against him or to assist counsel properly in his defense. However, he made numerous statements throughout the evaluation period indicating that he may have persecutory beliefs about the government and criminal organizations targeting him. As noted above, there was evidence to suggest that Mr. Monteer was feigning or exaggerating mental health symptoms, and there was also evidence to suggest that he may actually be experiencing psychotic symptoms related to significant methamphetamine use. If Mr. Monteer is experiencing genuine symptoms, these symptoms appear to be interfering with his ability to think rationally about his legal case. It is possible that his thinking may lead him to misinterpret various aspects of the courtroom proceedings in a manner consistent with his this [sic] belief system. His symptoms may impair his ability to accurately interpret information or make decisions in his own best interest. Similarly, his symptoms may preclude his ability to properly assist his attorney or represent himself. It is difficult to ascertain whether this difficulty is related to a mental health disorder brought on by methamphetamine use, or if it [is] a result of an intentional effort on Mr. Monteer's part to appear impaired.
Based on Mr. Monteer's current presentation and the information available, in the opinion of the undersigned evaluator, there is evidence to indicate that Mr. Monteer may suffer from a mental disorder that significantly impairs his present ability to understand the nature and consequences of the court proceedings against him, and his ability to properly assist counsel in his defense. In view of Mr. Monteer's presentation, it is recommended that he be committed to a federal medical center for treatment for restoration to competency pursuant to 18 U.S.C. Section 4241(d). The commitment would allow for a longer period of observation and assessment to determine the extent of any genuine mental health symptoms that may be present. It would also provide an opportunity for stabilization of mental functioning, by providing psychological treatment and psychotropic medication, if that is deemed necessary and appropriate.
(Doc. 21).
The only evidence before the Court on the issue of Defendant's competency is the Evaluation Report provided by Dr. Micono, filed on April 2, 2018 (Doc. 21), and the arguments and recommendations provided by the parties and Dr. Micono during the April 12, 2018 hearing. As set forth above, Dr. Micono opined in her Evaluation Report that Defendant may suffer from a mental disorder that significantly impairs his present ability to understand the nature and consequences of the court proceedings against him, and his ability to properly assist counsel in his defense, and recommended that Defendant be committed to a federal medical center for treatment for restoration to competency pursuant to 18 U.S.C. § 4241(d). (Doc. 21). The Court additionally notes that both parties were in agreement that an order of commitment for additional evaluation would be in Defendant's best interest, and Defendant requested that this Court enter an order of commitment.
Based on the foregoing, it is
RECOMMENDED that the Court, after making an independent review of the record and applicable law, enter an order finding that defendant Jacob Allen Monteer is incompetent in that he is presently suffering from a mental disease or defect rendering him unable to understand the nature and consequences of the proceedings against him or properly assist in his defense. It is further
RECOMMENDED that the Court commit defendant Monteer to the custody of the Attorney General pursuant to 18 U.S.C. § 4241(d)(1). The Attorney General shall hospitalize Defendant for treatment in a federal medical center for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future defendant Monteer will attain the capacity to permit the trial to proceed. It is further
RECOMMENDED that defendant Monteer be hospitalized for treatment at the federal medical center located in Springfield, Missouri, if said facility is available.
Counsel are reminded that they have fourteen days from the date of the Report and Recommendation within which to file and serve objections to the same. A failure to file and serve objections by this date 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 the grounds of plain error or manifest injustice.
Dated this 12th day of April, 2018, at Jefferson City, Missouri.
Willie J. Epps, Jr.
United States Magistrate Judge
