Opinion
Case No.: 08-M-051 (DRH/GLS).
August 7, 2008
EDWARD P. GROGAN, ESQ., Assistant United States Attorney, HON. GLENN T. SUDDABY, United States Attorney for the Northern District of New York, Attorney for United States, James T. Foley U.S. Courthouse, Albany, New York.
TIMOTHY E. AUSTIN, ESQ., Assistant Federal Public Defender, HON. ALEXANDER BUNIN, Federal Public Defender for the Northern District of New York, Attorney for Defendant, Albany, New York.
ORDER
The defendant, Diane Ferretti, by her attorney, having moved this Court for an order finding Diane Ferretti mentally incompetent to stand trial;
An examination of Diane Ferretti having been conducted at the Metropolitan Correctional Center in Chicago, Illinois by Dr. John A. Pindelski, and a written report of that examination having been received by the Court on June 10, 2008, recommending that Diane Ferretti be found incompetent to stand trial;
A hearing on the motion having been conducted on June 16, 2008, and the government having made no objection to Dr. Pindelski's findings and conclusions;
A Report-Recommendation of United State Magistrate Judge David R. Homer having issued on June 16, 2008, recommending that:
1. In accordance with 18 U.S.C. § 4241(d), defendant Diane Ferretti be found to be suffering presently from a mental disease rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense;
2. Defendant Diane Ferretti be committed to the custody of the Attorney General for treatment in a suitable hospital facility; and
3. In accordance with 18 U.S.C. § 4241(d)(1), a further hearing be held within four months to determine whether there is a substantial probability that in the foreseeable future, defendant Diane Ferretti will attain the capacity to permit the trial of the above-captioned case to proceed;
and
No objections to the Report-Recommendation having been made by the parties;
WHEREFORE, this Court adopts the Report-Recommendation in its entirety for the reasons stated therein and finds that, in accordance with 18 U.S.C. § 4241(d), defendant Diane Ferretti suffers presently from a mental disease rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense; and it is hereby
ORDERED that Defendant Diane Ferretti be committed to the custody of the Attorney General for treatment in a suitable hospital facility; and it is further
ORDERED that, in accordance with 18 U.S.C. § 4241(d)(1), a further hearing be held within four months to determine whether there is a substantial probability that in the foreseeable future, defendant Diane Ferretti will attain the capacity to permit the trial of the above-captioned case to proceed.
IT IS SO ORDERED.
REPORT-RECOMMENDATION
This matter was referred to the undersigned for report and recommendation pursuant to 28 U.S.C. § 636(b)(3) and N.D.N.Y.L.R. (Criminal) 58.1(a)(2)(K).
Presently pending is the motion of defendant Diane Ferretti ("Ferretti") for an order finding her mentally incompetent to stand trial in accordance with 18 U.S.C. § 4241(d). An examination of Ferretti was conducted at the Metropolitan Correctional Center in Chicago, Illinois by Dr. John A. Pindelski, a Federal Bureau of Prisons clinical psychologist. A written report of that examination was received on June 10, 2008. The report recommended that Ferretti be found incompetent to stand trial. A hearing concerning Ferretti's motion was held on June 16, 2008 in accordance with 18 U.S.C. §§ 4241(c) and 4247(d). At that hearing, the United States offered no objection to Dr. Pindelski's findings and conclusions.
The report shall be filed by the Clerk under seal in the docket of this case.
WHEREFORE, good cause appearing for the findings and conclusions of Dr. Pindelski, it is hereby
RECOMMENDED that:
1. In accordance with 18 U.S.C. § 4241(d), defendant Diane Ferretti be found to be suffering presently from a mental disease rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense;
2. Defendant Diane Ferretti be committed to the custody of the Attorney General for treatment in a suitable hospital facility; and
3. In accordance with 18 U.S.C. § 4241(d)(1), a further hearing be held within four months to determine whether there is a substantial probability that in the foreseeable future, defendant Diane Ferretti will attain the capacity to permit the trial of the above-captioned case to proceed.
Pursuant to 28 U.S.C. § 636(b)(1), the parties have ten days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN TEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) (citing Small v. Sec'y of HHS, 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72, 6(a), 6(e).