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Evidence Relevant to Determining Competency. The court's determination of competency is a 'factual,' rather than legal, determination. United States v. Makovich, 209 F.3d 1227, 1232 (10th Cir. 2000). Martin v. Settle, 192 F.Supp. 156, 159 (W.D. Mo. 1961) (competency hearing may not be conducted in absence of the defendant and doing so deprives the defendant of due process of law). A. Upon a judicial determination of reasonable cause to believe the defendant is incompetent, the court may order a 30 day in-patient examination under 18 U.S.C. §4241(b) and 18 U.S.C. §4247(b). The court cannot begin with a four month commitment under §4241(d) without this intermediary step. U.S. v. White, 887 F.2d 705, 710 (6th Cir. 1989). Clearly A. Howard Matz and company can and did. Clearly all it took was for them to deny the assistance of counsel... for 9 long months. We also ensured loss of discovery experts and reports to prove innocence. "Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber."-U.S. v Faretta , 422 U.S. 806 (1975) REASONABLE DOUBT "Silence in the face of evil is itself evil: God will not hold us guiltless. (c) 1995-2026 |
“It's a beautiful thing, the destruction of words.” -George Orwell 1984 The word "Hybrid," from this point on in the rest of this true story, below, is now changed to reflect it's 'true' meaning and nature: "Hybrid = Illegal and Unlawful
Elena J Duarte: “That's where we all ended up with this ILLEGAL AND UNLAWFUL kind of order,...” Page 7, Lines 22-25 Page 8, Lines 12-14
Page 10, Lines 14-24 Judge A. Howard Matz: “Ok. Well, here are my findings. I think that, particularly, in light of what happened at the hearing, aside from the fact that I kicked killercop out of it <Chuckles softly>, and the language in Dr. Backer's supplemental report, there is a sufficient basis to find that Killercop is already afflicted with a disease or a defect that makes him incompetent for purposes of standing trial. 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.”
"If there is reasonable cause to believe that the defendant may "presently" be suffering from a mental disease or defect rendering him mentally incompetent" ~18 U.S.C. § 4241(a)." So much for the word "presently."
Allow me to clarify and update y'all on my, "Then Condition."
As in then I had rights, then they were removed, violated and then gone! Read the law. A) Judge Matz couldn't have "enflamed" me, since he "removed" me;" as did his handpicked attorney he forced on me, from the previous illegal competency hearing, before sending me off for "treatment," later to hold the secret "status conference" to try to get it right. With no contact. Or assistance of counsel. Deaf, dumb and blind. So Matz, and his gang, had this secret "status conference," to try and cover up this "hybrid," thing that they had concocted, out of the air, which I knew nothing about after "being removed," for objecting to the proceedings as of the kangaroo kind. B) They got away with it by not notifying me, or the warden, until months later. I know, 'cause our reports arrived the same time, months later. How y'all like that due process entitlement? Sure ain't a right anymore, unless you can see more then I do. Wonder what happened to it? I digress.
THEY ALL IGNORED THEIR OATHS, THE FACTS, THE RULES THE LAW AND THE 5TH AND 6TH AMENDMENT AND PROCEEDED FORWARD WITH THE SELECTIVVE PERSECUTION.
While at the mental treatment hospital, clear across the country, near Boston, to get my "daily dose of ordered mental treatment," I met a man named Dr. Thomas P. Patenaude, once. It was to be our only meeting of the minds. Later I would meet the Warden, once, too, and inform him of the secret hearing; that is, once Greg finally sent me a copy of the secret hearing, but only months later, and only after pressuring me to "take a deal, or they can hold you there forever!." To which I replied, "Byte Me!" Actually, I believe I yelled it at him . After I told the Warden what had happened those past months since the unlawful hearing, coupled with me in his office yelling, and going on about how his Doctor had not spoken to me but once, off I went, back to California!
So the Warden sent me back to California, forthwith, after knowledge of the secret unlawful hearing, like as in the next day, after I showed him the transcript of the secret hearing. 18 USC 4241(e) Discharge.— When the director of the facility in which a defendant is hospitalized pursuant to subsection (d) determines that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the defendant's counsel and to the attorney for the Government. The court shall [then] hold a hearing, conducted pursuant to the provisions of section 4247 (d), to determine the competency of the defendant.
At he next "hearing," Dr. Who claimed he then cured me!! It was like, magic. A regular miracle. Hence, no certificate required by the law coming from the court of judge A. Howard Matz, Warden, prosecutor and the attorney she conspired with, and Matz forced on me, Greg. Why? They certainly were not about to compound it by filing a false certification that I was or wasn't now still "competent," when they all knew that to be false. (See Dr. Who, below) Oh the irony. Oh the shame. I should say sham. If they followed the law and produced the certificate, under the law, they would be lying. There could never be a certified paper of my miraculous recovery from my "treatment," especially from a Dr. Who! Just like they all knew the facts of the law, and they chose to break the rule and letter. But wait, there is more... See once you become a criminal, you have to continue being one...they won't let you out. The trial must go on!! Law and rules be damned!! A real "bank up job." And that's a fact. Ask any expert. Or even a God? Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government," Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004) FILE A COMPLAINT
TO PURCHASE KILLERCOP.COM™ CLICK HERE (c) 1995-2026 | |
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