Free Order on Motion for Psychiatric Exam - District Court of Delaware - Delaware

Case 1:06;cr-00116-GIVIS Document 11 Filed 10/31/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE I
UNITED STATES OF AMERICA, :
Piainiirr, E
v. Cr. Action No. O6—116l\/I-l\/IPT
DENNIS D. CARSON
Defendant,

At Wilmington, Delaware, this 31ST day of October, 2006.
Defendant, Dennis D. Carson appeared before the Court on Tuesday,
October 31, 2006 for a detention hearing on charges under 18 USC § 875(b) and (c),
which indictment involved two charges for extortion containing a threat to injure the
person of another. As a result of the October 26, 2006 interview with United States
Probation Officer Frank Kurzeknabe, in which defendant related that he heard voices in
his head telling him to hurt people and he had been previously diagnosed with a mental
illness, possibly paranoid schizophrenia, in addition to filing a motion for detention, the
government also filed a motion for competency evaluation. This motion was not
opposed by defendant or his counsel. lt was connrmed that defense counsel discussed
this matter with defendant and that defendant was aware of his rights regarding such an
examination request made by the government. The Court is also aware that in the past
defendant was treated with medication for mental health issues and has been treated

Case 1:06-cr-00116-GMS F Document 11 Filed 10/31/2006 Page 2 of 3
for psychiatric conditions and has been committed to the Delaware State Hospital. As a
result, the Court ordered a competency hearing occur pursuant to 18 U.S.C. § 4241.
The Court finds that there is reasonable cause to believe that the
defendant may presently be suffering from a mental disease or mental defect
rendering him incompetent and unable to properly assist in his defense. A study is
necessary to assist the Court in determining the competency of the defendant.
The Court finds that there is a compelling reason for the study to be
conducted by the Bureau of Prisons.
IT IS HEREBY ORDERED this 315* day of October, 2006, pursuant to 18
U.S.C. §§ 4241 and 4247(b), that Dennis D. Carson shall forthwith be committed to the
custody of the U. S. Bureau of Prisons for placement at a suitable federal facility for a
term of thirty (30) days for the purpose of having a complete and thorough medical
study to include a physical, psychiatric, psychological and/or neurological examination
of the defendant to aid in the determination of the competency of defendant. The thirty
day period shall begin to run only when the study is initiated at the federal facility. The
Court recommends that the study, evaluation and treatment, if any, begin within a
reasonable period of time and occur, if possible, at the federal medical facility in
Springfield, Missouri, or Butner, North Carolina, or Devens, Massachusetts.
IT IS FURTHER ORDERED that a psychiatric or medical report be
prepared by the physician/examiner and that report be filed with the Court within seven
(7) days after the end of his commitment period. IT IS FURTHER ORDERED that a
psychiatric or medical study report shall include the follow:
1. Mr. Carson's history and present symptoms.

Case 1:06-cr-00116-GIVIS Document 11 Filed 10/31/2006 Page 3 of 3
2. A description of the psychiatric, psychological, neurological, and
medical tests that were employed, and their results, to properly inform the Court if ll/lr.
Carson is experiencing a psychiatric, psychological, neurological and/or medical
problem.
3. The examiner’s findings of all present symptoms.
4. The examiner’s opinions as to diagnosis, prognosis, and
appropriate correctional treatment, including medications and therapy.
5. Whether l\/lr. Carson 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 properly assist in his
defense.
% 14.l/
The l e Mary P nge
U. S. t . istrate Judge