Opinion
Case. No. 6:18-mj-00236-MK
06-23-2020
UNITED STATES OF AMERICA, v. TODD MICHAEL GIFFEN, Defendant.
OPINION AND ORDER :
This Court found Defendant Todd Michael Giffen incompetent to proceed on June 28, 2019. ECF No. 75. This Court scheduled a Sell hearing to determine whether Mr. Giffen should be forcibly medicated to render him competent to stand trial. ECF No. 111. On June 11, 2020, Defendant objected to appearing by video conference at the hearing. ECF No. 126. This Court vacated the hearing and the parties briefed the appearance issue. ECF No. 126, 127, 128.
Federal Rule of Criminal Procedure 43 requires a defendant's presence for specific proceedings. See Fed. R. Crim. P. 43(a). Mr. Giffen concedes that Rule 43 does not mandate his presence at the Sell hearing. Def.'s Br. 2, ECF No. 127. Defendant is currently housed at the Federal Medical Center in Butner, North Carolina. Gov.'s Resp. 2, ECF No. 128. While the Court would prefer Mr. Giffen's presence, the circumstances warrant proceeding with Mr. Giffen's appearance by video conference only. Defendant's request to appear in person at the Sell hearing is DENIED. IT IS SO ORDERED.
DATED this 23rd day of June, 2020.
s/Michael J. McShane
Michael J. McShane
United States District Judge