A Long Play Entitled:
The reason I didn't want to make that finding and declined to make that finding | |
was primarily because I didn't want to inflame him; not because I had any | |
doubts about applying the applicable standards to what I perceived to be his then | |
condition.” | |
See also “Choose Incompetent Counsel or Represent Yourself!”
“In order to commit defendant, court must determine there is substantial probability
of future competency1.” Jackson v. Indiana, 406 US 715, 738 (1992).
“The standard for competence to plead guilty2 or to waive the right to assistance of counsel is no different then the standard for trial competence.” Godinez v. Moran, 509 U.S. 389 (1993)
[Fifth Amendment right of] “[d]ue process was violated when [a] commitment hearing [was] held in defendant's absence.” Martin v. Settle, 192 F.Supp 156, 159 (W.D. Mo. 1961)
“The [q]uestion of mental competency of a convicted defendant at the time of his trial … may be raised by motion to vacate sentence.” 28 U.S.C.A. § 2255 (Hanson v U.S., 406 F.2d 199, 201 (9th Cir. 1969)
Court arraigned defendant on Jan. 17, 2003 AFTER it questioned defendant's competency. If court truly believed defendant was incompetent then it should not have
arraigned defendant since it raised the issue PRIOR to arraignment.
Previous Transcript of March 14, 2003
Page 4, Lines 14-18
Defendant: “Your Honor, May I stay outside of the bar. Court appointed counsel has had me forcefully removed outside of the bar.”Judge: “You can stay there, Killercop.” Defendant: “Thank you, Your Honor.”3
Page 62, Line 12-15
Judge: “Do I first have to find he's not competent?” Or can I also find that there is sufficient questions as to whether he's competent to require that?”
Witness: “I think the latter is very acceptable.”
Page 69: Lines 14-15
Defendant: “I challenge the jurisdiction of this court. This examination is unlawful.”
Page 73: “Lines 7-10
Doctor Ihle of the BOP: “But given that it's a 4241(D), it does guarantee that it will got to the Medical Center, because it goes under the umbrella of treatment;”
Page 76, Lines 14-20
Judge: “It's for a reasonable period of time, not to exceed four months.”
Prosecutor: “So I was just asking for our status on this commitment - - on the eval, within the four months, or at the end of the four months, …
Judge: “Well, that four months is for treatment.” Prosecutor: “Okay.”
Page 76, Lines 24-25
Judge: “So if you prepare an order that says he's going to transferred to Rochester for
treatment 4241(D)…”
Page 77, Lines 8-9
Court Appointed Counsel Nicolaysen: “I concur. The four months, as I read the statute is for the evaluation and treatment.”
Page 79, Lines 17-19
Prosecutor: “Your Honor, I will also submit this order on a disk.” Judge: “Yes. Because I may ‘fiddle' with it.
See April 7, 2003, SECRET HEARING
