jw2004

Case 2:07-cr-20124-CM-JPO Document 209 Filed 08/19/2009 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, v. CARRIE NEIGHBORS, Defendant. ) ) ) ) ) ) ) ) ) Case No. 07-20124-01-CM-JPO UNITED STATES’ THIRD MOTION FOR MENTAL EXAMINATION PURSUANT TO TITLE 18, UNITED STATES CODE, SECTION 4241 AND FOR A HEARING Comes now, the United States of America, by and through the undersigned Assistant United States Attorney and moves for a hearing on the government’s Motion for a Hearing on its Motion for Mental Examination pursuant to 18 U.S.C. § 4241 and thereafter, if the Court determines that there is reasonable cause to believe the defendant currently suffers from a mental disease or defect that renders her unable to assist in her defense, for an order directing a mental examination of the defendant, Carrie Neighbors, pursuant to Title 18, United States Code, Sections 4241 and 4247. In support thereof, the United States would state as follows: I. Procedural Background On September 13, 2007, the defendant was charged in case, No. 07-20124, by indictment with one count of conspiracy in violation of 18 U.S.C. § 371, 14 counts of wire fraud in violation of 18 U.S.C. §§ 1343 and 2, and four counts of money laundering in 1 Case 2:07-cr-20124-CM-JPO Document 209 Filed 08/19/2009 Page 2 of 6 violation of 18 U.S.C. §§ 1956 and 2.1 She was released on bond with conditions that, inter alia, directed her to refrain from committing any state or federal crimes and not to have any contact with potential witnesses in this case. On August 20, 2008, the defendant was charged jointly with Guy Neighbors with one count of obstruction of justice in violation of 18 U.S.C. § 1512. On August 11, 2009, at a hearing on co-defendant’s, Guy Neighbors’, motion for mental examination, certain representations were made concerning Carrie Neighbors’ current mental condition, indicating that there presently exists reasonable cause to believe that the defendant may presently be suffering from a mental disease of defect that renders her incompetent. Based upon those representations, the United States moves for an order directing Carrie Neighbors to the custody of the Attorney General for a psychiatric or psychological evaluation pursuant to the provisions of 18 U.S.C. §§ 4241 and 4247. II. Applicable Legal Principles Title 18, United States Code, Section 4241 provides in pertinent part: (a) Motion to determine competency of defendant – At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. (b) Psychiatric or psychological examination and report -1 In a second superseding indictment filed on June 18, 2008, the charges were amended by dropping one of the money laundering counts. 2 Case 2:07-cr-20124-CM-JPO Document 209 Filed 08/19/2009 Page 3 of 6 Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court pursuant to the provisions of section 4247(b) and (c). *** (d) If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court shall commit the defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for treatment in a suitable facility – (A) for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings to go forward;.... 5. Title 18, United States Code, Section 4247 provides in pertinent part: (b) Psychiatric or psychological examination.--A psychiatric or psychological examination ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or psychologist, or if the court finds it appropriate, by more than one such examiner.... For the purposes of an examination pursuant to an order under section 4241, 4244, or 4245, the court may commit the person to be examined for a reasonable period, but not to exceed thirty days, and under section 4242, 4243, or