Opinion
CASE NO. 2:03 CR 264TC
May 23, 2003
ORDER
The above-entitled matter came before the Court on April 29, 2003. At that time, and as a condition to pre-trial release, the Court ordered that the defendant submit to a psychiatric evaluation no later than May 12, 2003. The defendant agreed to do so. The defendant did not submit to the evaluation and, on May 12, 2003, the Court issued a warrant for his arrest with instructions that upon apprehension he be brought forthwith before the Court. On May 14, 2003, the United States filed a motion for a determination of mental competency pursuant to 18 U.S.C. § 4241(a) and for a continuance of the trial set for May 19, 2003. The defendant did not appear for trial.
Based on the foregoing, and good cause appearing,
IT IS HEREBY ORDERED as follows:
1) The Government's motion dated May 14, 2003, for a mental evaluation of the defendant is granted.
2) The trial date of May 19, 2003, is stricken.
3) Upon apprehension and arrest, the defendant shall be brought forthwith before this Court.
4) Upon the defendant's arrest and appearance before this Court, the defendant is hereby committed to the custody of the Attorney General pursuant to 18 U.S.C. § 4241(a) and (b) and pursuant to 4247(b), for a determination of his mental competency to understand the nature and consequences of the proceedings against him and to assist in the preparation of his defense, and for the preparation of a psychiatric or psychological report to be filed with the Court.
5) The psychiatric or psychological report shall include an evaluation of the defendant's potential risk of dangerousness of bodily injury to others or damage to property should the defendant be released from custody.
6) The psychiatrist or psychologist designated by the Attorney General shall have thirty days from the date the defendant is delivered to the evaluating facility in which to complete the evaluation unless an extension is granted under 18 U.S.C. § 4247(b).
7) The time period from April 29, 2003, until the completion of the mental evaluation of the defendant pursuant to this Order, including any time period during which the defendant is transported to and from the evaluating facility and time awaiting such transportation, is excluded from the time limitations of the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(1)(A) and 3161(h)(8). In so ordering, the Court finds that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial and that a failure to exclude such time would likely result in a miscarriage of justice.