Filed: Aug. 17, 2016
Latest Update: Aug. 17, 2016
Summary: MEMORANDUM DECISION & ORDER B. LYNN WINMILL , Chief District Judge . INTRODUCTION The Court has before it the government's Motion for Mental Examination for Purposes of Determining the Existence of Insanity at Time of Offense (Dkt. 47). 1 For the reasons explained below, the Court will grant the motion. ANALYSIS Defendant has notified the government that he intends to assert a defense of insanity at trial. See Dkt. 44. The government responded by requesting that the defendant submit t
Summary: MEMORANDUM DECISION & ORDER B. LYNN WINMILL , Chief District Judge . INTRODUCTION The Court has before it the government's Motion for Mental Examination for Purposes of Determining the Existence of Insanity at Time of Offense (Dkt. 47). 1 For the reasons explained below, the Court will grant the motion. ANALYSIS Defendant has notified the government that he intends to assert a defense of insanity at trial. See Dkt. 44. The government responded by requesting that the defendant submit to..
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MEMORANDUM DECISION & ORDER
B. LYNN WINMILL, Chief District Judge.
INTRODUCTION
The Court has before it the government's Motion for Mental Examination for Purposes of Determining the Existence of Insanity at Time of Offense (Dkt. 47).1 For the reasons explained below, the Court will grant the motion.
ANALYSIS
Defendant has notified the government that he intends to assert a defense of insanity at trial. See Dkt. 44. The government responded by requesting that the defendant submit to a pretrial psychiatric or psychological examination. The government is entitled to such an examination under 18 U.S.C. § 4242(a), which provides:
Motion for pretrial psychiatric or psychological examination. — Upon the filing of a notice . . . that the defendant intends to rely on the defense of insanity, the court, upon motion of the attorney for the Government, shall order that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).
(emphasis added).
Section 4247(b), in turn provides that the psychiatric or psychological examination ordered "shall be conducted by a licensed or certified psychiatrist or psychologist, or, if the court finds it appropriate, by more than one examiner." 18 U.S.C. § 4247(b). The Court may commit the defendant to the custody of the Attorney General for placement in a suitable facility for up to 45 days. Id. If the defendant is committed to custody of the Attorney General, the examination must take place in a "suitable facility," which facility must be the one "closest to the court" unless that would be impracticable. Id.
Section 4247(c) lays out the items the psychological or psychiatric report must contain, including the following: (1) the person's history and present symptoms; (2) a description of the tests that were used, and their results; (3) the examiner's findings; (4) the examiner's opinions as to diagnosis, prognosis, and whether the person was insane at the time of the offense charged. 18 U.S.C. § 4247(c).
The government is not requesting that the defendant be committed to the custody of the Attorney General. See Reply, Dkt. 50, at 1. Instead, it asks the defendant to submit to, and cooperate with, an examination by a particular doctor — Dr. Christina Pietz. The government has also informed the Court that the examination will take place in Idaho.
Under these circumstances, the Court will order the defendant to submit to the examination requested by the government.
ORDER
NOW THEREFORE IT IS HEREBY ORDERED that the government's Motion for Mental Examination for Purposes of Determining the Existence of Insanity at Time of Offense (Dkt. 47) is GRANTED to the extent that the Court will order the defendant to submit to a psychiatric or psychological evaluation in accordance with 18 U.S.C. § 4242(a).
IT IS FURTHER ORDERED that defendant shall submit to an examination by Dr. Christina Pietz on or before August 30, 2016.
IT IS FURTHER ORDERED that the government shall provide a copy of this Order to Dr. Pietz.
IT IS FURTHER ORDERED that Dr. Pietz shall prepare, file, and serve a written report in compliance with the requirements of 18 U.S.C § 4247(c).
