Opinion
2:01CR 0623DKW
May 28, 2003
ORDER FOR PSYCHIATRIC OR PSYCHOLOGICAL EVALUATION
Based upon the proceedings held before Judge David K. Winder on April 30, 2003, this Court finds that the above-named defendant was suffering from a severe mental disease or defect at the time of the acts charged in the Indictment and as a result, the defendant was unable to appreciate the nature and quality or the wrongfulness of the acts charged, and therefore, pursuant to 18 U.S.C. § 4242(b), this Court finds the defendant not guilty only by reason of insanity as to each of the counts contained in the Indictment.
It is HEREBY ORDERED that pursuant to 18 U.S.C. § 4243(b), a psychiatric or psychological examination of the defendant be conducted, and that psychiatric or psychological report be filed with this Court, pursuant to the provisions of a 18 U.S.C. § 4247(b) and (c). Since this examination is ordered under 18 U.S.C. § 4243, this Court, pursuant to 18 U.S.C. § 4247(c)(4)(C), that the report contain the examiner's opinions as to diagnosis, prognosis, and whether the defendant is suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another.
It is THEREFORE ORDERED that the defendant be committed to the custody of the Attorney General, United States Marshals Service for placement in a suitable facility for the purpose of the psychiatric and/or psychological examination described above. This Court recommends that this examination take place at the Federal Hospital for Federal Prisoners in Springfield, Missouri, where this defendant was evaluated on a prior occasion in this matter.
Upon conclusion of the testing, it is FURTHER ORDERED that pursuant to 18 U.S.C. § 4243(c) a hearing shall be conducted according to the provisions set forth in 4247(b).