Free Motion for Psychiatric Treatment - District Court of Delaware - Delaware

I iiii I I if I E---- if 1ir06-or--00031-JJF Document 89 Filed 06/28/2007 PGQG l of 4
I IN THE UNITED STATES DISTRICT COURT I I I
I F OR THE DISTRICT OF DELAWARE I p
UNITED STATES OF AMERICA, )
Plaintiff] )
v. ) Criminal Action No. 06-3 l—.T J F
I SALVADOR MARTINEZ-TORRES, I
_ Defendant. g
I n JOINT MOTION FOR PSYCHIATRIC HOSPITALIZATION OF DEFENDAN T
_ . The United States of America by and through its undersigned attorney, and Salvador Martinez-
- _ Torres, by and through his attorney, Edson A. Bostic, Esquire, jointly move this Court, pursuant to I
I 18 U.S.C. § 4241 (d) for an Order directing that Salvador Martinez—Torres, the defendant, be
committed to the custody of the Attorney General for hospitalization in a federal institution for a
reasonable period of time not to exceed- four (4) months, as is necessary to determine whether there
is a substantial probability that in the foreseeable future the defendant will attain the capacity to I
I permit the proceedings to go forward in this Court. In support of this motion, the parties state the
l following: l
I ‘ l. On March 28, 2006, the defendant was indicted inthe District of Delaware on charges _e E
I , including conspiracy to distribute 5 kilograms of cocaine. The defendant has remained a pre—trial I
l detainee since indictment. i l .
2. On March I3, 2007, on the motion of the United States, the District Court ordered that ‘
_ the defendant be committed to the custody ofthe Attorney General for placement in a suitable federal
I facility for the purpose of undergoing a competency examination. (Docket Item 80.) _ ` J

. Case 1 :06-cr-00031-JJF Document 89 Filed 06/28/2007 Page 2 of 4 `
_ ` i 3. On or about June 13, 2007, the parties received the l6—page report of Elissa R. Miller,
` Ph.D., Forensic Psychologist with the Federal Bureau of Prisons at the Metropolitan Correctional
Center, New York City, New York, reporting Dr. Mi1ler’s finding that the defendant currently is not
C competent to stand trial. Further, _Dr. Miller’s report recommends that the defendant "be sent away
_ ” for restoration to competency, pursuant to Title 18, United States Code, Section 4241(d)." That
section reads as follows: _
(d) Determination and disposition. — HQ after the hearing, the court finds
· by a preponderance of the evidence that the defendant is presently suffering
_ dom 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
i commit the defendant to the custody of the Attorney General. The Attorney
- General shall hospitalize the defendant for treatment in a suitable facility -
n (1) for such a reasonable period of time, not to exceed four months, n
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; and . i
(2) for an additional reasonable period of time until —
- . - (A) his mental condition is so improved that trial may
_ _ proceed, if the court finds that there is a substantial probability i
0 that within such additional period of time he will attain the
capacity to permit the proceedings to go forward; or
` _ (B) the pending charges against him are disposed of according .
to law; - _ `
‘ . whichever is earlier.
_ _ ` It] at the end ofthe time period specified, it is determined that the defendant’s
mental condition has not so improved as to permit proceedings to go forward, ‘
the defendant is subject to the provisions of sections 4246 and 4248. ·
4. The parties stipulate that by the preponderance ofthe evidence the defendant presently
. is suffering from a mental disease or defect rendering him mentally incompetent to the extent that

if if _ — Case 1 :06-cr-00031-JJF Document 89 Filed 06/28/2007 Page 3 of 4 I
‘ p _ he is unable to understand the nature and consequences of the proceedings against him or to assist
properly in his defense. In this regard, the parties waive a competency hearing and request the
hospitalization of the defendant pursuant to § 424l(d).
I A I WHEREFORE, the parties- respectfully request that the Court find the defendant to be
presently suffering from a mental disease or defect rendering him mentally incompetent to the extent I
that he is unable to understand the nature and consequences of the proceedings against him or to `
I assist properly in his defense and to order the defendant’s commitment to the custody ofthe Attomey
U _ .. General for hospitalization for treatment in a suitable facility for a reasonable period of time, not to
exceed four (4) month, as is necessary to determine whether there is a substantial probability in the
foreseeable future that the defendant will attain the capacity to permit the proceedings to go forward.
COLM F. CONNOLLY
A United States Attorney
ge., za is
E . Bostic, Esquire Edmond Falgowski
Counsel for Defendant ‘ Assistant United States Attomey _
U Dated: _ A .

llnln II llnln ` . IIII I Case 1:00-cr-00031-JJF Document 89 Filed 06/28/2007 PGQQ 4 of 4
· ‘ I I I IN TI-IE UNITED STATES DISTRICT COURT
I _ . FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) I
Plaintiff} g .
I v. ) Criminal Action No. 06-31-JJF
II SALVADOR MARTINEZ-TORRES, I p
_ p Defendant. I
_ I . I O R D E R I .
I On this day of , 2007, having considered the Joint Motion I
for Psychiatric Hospitalization of the defendant filed by the parties, it is hereby V
I ORDERED that the Court finds 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 C
and consequences of the proceedings against him or to assist properly in his defense; and
. I IT IS FURTHER ORDERED that the defendant is committed to the custody ofthe Attorney
_ I 4 General for hospitalization for treatment in a suitable facility for a reasonable period of time, not to
exceed four (4) months, as is necessary to determine whether there is a substantial probability that
in the foreseeable future the defendant will attain the capacity to permit the proceedings to go
forward. I -
r y RI I
‘ United States District Court Judge