ORDER
BRIAN C. WIMES, District Judge.
Before the Court is Magistrate Judge Willie J. Epps, Jr.'s Report and Recommendation (Doc. #19). The Court by its own motion, ordered defendant undergo a psychiatric or psychological examination as authorized by 42 U.S.C. § 4241. After the courts oral statement of its intent to order examination, the defense counsel in conjunction with the Court's order requested an examination under 18 U.S.C. § 4242 as well. The examination was conducted at the Federal Medical Center, in Lexington, Kentucky by Forensic Psychologist Judith Campbell, Ph.D. A hearing as to defendant's competency was held on May 7, 2018. Defense counsel objects to the Report and Recommendation. After making an independent review of the record and applicable law, the Court adopts Magistrate Judge Willie Epps, Jr.'s findings of fact and conclusions of law. Accordingly, it is hereby
ORDERED defendant Thomas James Hayden is found to be 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
ORDERED pursuant to 18 U.S.C. § 4241(d)(1), defendant Hayden 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 Hayden will attain the capacity to permit the trial to proceed. It if further
ORDERED Defendant Hayden be hospitalized for treatment at the federal medical center located in Springfield, Missouri, if said facility is available.
ORDERED that Magistrate Judge Epps' Report and Recommendation (Doc. #19) be attached to and made a part of this Order.
IT IS SO ORDERED.
REPORT AND RECOMMENDATION
On November 28, 2017, defendant Thomas James Hayden appeared in person and represented by counsel, Assistant Federal Public Defender Troy Stabenow. The United States was represented by Assistant United States Attorney Ashley Turner. The purpose of the appearance was to conduct a preliminary hearing and a detention hearing based on the Government's motion to detain.
The Court, by its own motion, ordered Defendant to undergo a psychiatric or psychological examination, as authorized by 42 U.S.C. § 4241. (Doc. 8). Neither defense counsel nor the Government objected to the Court's order, and following the Court's oral statement of its intent to order an examination under 18 U.S.C. § 4241, Defendant's counsel, on behalf of his client, requested an examination under 18 U.S.C. § 4242 as well. The Court ordered Defendant be evaluated, pursuant to 42 U.S.C. §§ 4241 and 4242, to determine: (1) 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, and (2) whether, at the time of the alleged offense, as a result of a severe mental disease or defect, he was unable to appreciate the nature and quality of the wrongfulness of his acts. (Doc. 8).
The examination was conducted at the Federal Medical Center, in Lexington, Kentucky. The Forensic Report, signed by Forensic Psychologist Judith (Betsy) Campbell, Ph.D., was electronically filed by the Court on May 1, 2018. (Doc. 15).
A hearing as to Defendant's competency was held on May 7, 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. Campbell's Report provided the following Clinical Formulation and Diagnostic Impression:
Primary Diagnoses: 304.30 Cannabis Use Disorder, in a controlled environment 305.70 Stimulant Use Disorder, Amphetamine type, in a controlled environment Rule Out Schizophrenia
Mr. Hayden was given a diagnosis of Cannabis and Stimulant Use Disorders, in a controlled environment, based on his history of chronic daily use of marijuana and his positive test and admission of methamphetamine use at the time of his arrest. Mr. Hayden acknowledged he used marijuana on a daily basis and intended to continue using it for the rest of his life. Although, during the current evaluation, he denied voluntary use of methamphetamine, he reportedly tested positive for the substance at the time of the alleged offense behavior, and admitted using to law enforcement officials. Substance use disorders are generally indicated when an individual demonstrates a maladaptive pattern of substance use with co-occurring evidence of impairment in ability to fulfill major role obligations and recurrent legal problems. While his current use is limited by his present incarcerated status, it is highly likely he will return to his pattern of abuse without continued support and ongoing substance abuse treatment once released to the community. Regarding prognosis, should Mr. Hayden demonstrate a willingness and motivation, participation in a structured, supervised substance abuse program, could give him a good prognosis for continued recovery. It is highly recommended Mr. Hayden receive substance abuse treatment for this issue, and it is unlikely he will abstain from any and all substance use in the future in the absence of such treatment.
It should be noted, Mr. Hayden repeatedly expressed a fixed delusional belief system that he was being drugged by other individuals at the time of the alleged offense. Collateral sources reported Mr. Hayden made statements he believed there were nameless men who were living in the walls of his house who were drugging him and attempting to establish a methamphetamine lab there. During the present evaluation, he continued to express the belief he was being involuntarily drugged or "ruffied" by some unknown person who was "fucking with" him. It was also reported Mr. Hayden submitted several lengthy verbose letters to his attorney claiming he and other inmates were being poisoned by the staff at FMC Lexington. In addition, he attempted to mail out an envelope of paint chips he had collected during his stay insisting his attorney have them tested to prove he was correct.
The presence of methamphetamine in his system at the time of his arrest complicates the diagnostic picture. Use of illicit substances such as marijuana and methamphetamine can lead to secondary symptoms which mimic symptoms of mental illness such as fluctuations in mood, sleep disturbance, paranoia, agitation, delusional beliefs, and difficulty functioning. Records regarding his history of mental health treatment from the VA Medical Center were requested, but were not received prior to the completion of this report. In the absence of treatment records which might clarify whether he had been previously treated for symptoms of a thought disturbance, it is difficult to determine whether Mr. Hayden suffers from a mental illness in the form of a thought and/or mood disturbance, or whether his presentation is the result of the long term sequelae of illicit substance use — specifically methamphetamine. Regardless of the etiology of his delusional and paranoid thinking, at the present time, this fixated belief system will likely impair his ability to communicate reasonably and rationally about the legal case against him.
(Doc. 15).
Dr. Campbell's Report provided the following Discussion of Competency to Stand Trial:
Information gathered over the course of the evaluation supports a finding Mr. Hayden is experiencing mental health symptoms which are impairing his perception of reality, and may interfere with his ability to assist his attorney in preparing his defense. A finding of competency requires Mr. Hayden has a basic understanding of the proceedings against him and sufficient ability to consult with his attorney in preparation of his defense. It requires he is not currently 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.
During clinical interviews regarding court and competency related issues, Mr. Hayden evidenced a thorough understanding of the proceedings against him. However, when discussing the events which led to his arrest, Mr. Hayden maintained a fixed delusional belief he was being drugged by someone. He expressed a clear understanding of court procedures and participants as well as the charges against him, and he maintained he was legally in possession of the weapon which was found in his car. However, when discussing the part of the alleged crime which involved being "an unlawful user of a controlled substance," Mr. Hayden repeatedly insisted he had not voluntarily used methamphetamine, but had been drugged by some unknown individual. When discussing the events which led up to his interactions with law enforcement officials at the VA hospital, Mr. Hayden repeatedly insisted someone was breaking into his house, an then his apartment, drugging him, and stealing his belongings and other guns he possessed. He reportedly continued to express paranoid delusional beliefs about being poisoned or drugged after he left FMC Lexington, in lengthy, rambling letters to his attorney.
In summary, Mr. Hayden displayed a basic understanding of the proceedings against him. However, his delusional thinking may interfere with his ability to make rational, reality-based decisions regarding how his case should be handled. His ability to discuss his case rationally with his attorney is likely impaired by his fixed delusional beliefs which may interfere with his ability to think clearly about the charges against him. Therefore, based on the available information, in the opinion of the undersigned evaluator, Mr. Hayden is currently suffering from a mental disease or defect rendering him mentally incompetent to the extent he is unable to understand the nature and consequences of the proceedings against him or properly assist in his defense. Thus, in the opinion of the examiners, Mr. Hayden is not currently competent to stand trial.
In the opinion of the undersigned examiner, should the court find Mr. Hayden incompetent to stand trial, there is a substantial probability he will attain the capacity to permit a trial to proceed in the foreseeable future if he is committed for treatment under the provisions of Title 18, United States Code, Section 4241(d). It is recommended Mr. Hayden be committed to such treatment.
(Doc. 15).
The only evidence before the Court on the issue of Defendant's competency is the Report provided by Dr. Campbell, filed on May 1, 2018 (Doc. 15), and the arguments, proffers, and recommendations provided by the parties during the May 7, 2018 hearing. As set forth above, Dr. Campbell opined in her Report that Defendant is currently suffering from a mental disease or defect rendering him mentally incompetent to the extent he is unable to understand the nature and consequences of the proceedings against him or properly assist in his defense, and recommended that Defendant be committed for treatment for restoration to competency pursuant to 18 U.S.C. § 4241(d). (Doc. 15).
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 Thomas James Hayden 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 Hayden 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 Hayden will attain the capacity to permit the trial to proceed. It is further
RECOMMENDED that defendant Hayden be hospitalized for treatment at the federal medical center located in Springfield, Missouri, if said facility is available.
Counsel are reminded that they have seven 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.
Willie J. Epps Jr.
United States Magistrate Judge
