Free Statement - District Court of Colorado - Colorado

Case 1:04-cr-00180-WDM

Document 186

Filed 02/21/2007

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Criminal Action No. 04-cr-00180-WDM UNITED STATES OF AMERICA, Plaintiff, vs. GWEN BERGMAN, Defendant. ______________________________________________________________________________ SUPPLEMENT TO GWEN BERGMAN'S POSITION STATEMENT ______________________________________________________________________________ Gwen Bergman, by and through her court-appointed "special attorney," Martha H. Eskesen of MARTHA H. ESKESEN, P.C., submits the following supplement to the position statement concerning her competency, Document 184, filed February 15, 2007: 1. 2. The disputed question in this case is Ms. Bergman's competency to stand trial. Ms. Bergman not only disputes the competency issue, she disputes the

appropriateness of her confinement during this process and asserts that her detention since the remand of this matter by the United States Court of Appeals for the Tenth Circuit has and does violate her right to due process. 3. The determination of competency to stand trial is a three-step process. See United

States v. Deters, 143 F.3d 577 (10th Cir. 1998) (citing additional authorities). At the first step, the court must decide whether there is "reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him incompetent . . . ." 18 U.S.C. § 4241(a).

Case 1:04-cr-00180-WDM

Document 186

Filed 02/21/2007

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4.

If there is reasonable cause to question the defendant's competency, the court may

order a psychiatric or psychological examination of the defendant. See 18 U.S.C. § 4241(b). The statute provides that "[f]or the purposes of an examination pursuant to an order under section 4241, . . . the court may commit the person to be examined for a reasonable period, but not to exceed thirty days. Id. An extension lasting no longer than fifteen days may be ordered upon a showing of good cause. 5. On November 2, 2006, the Court completed the first-step in the process when it

determined that there is "reasonable cause to believe that the defendant may be mentally incompetent to understand the proceedings or to assist in her defense." (Order dated November 2, 2006, Document 142). The Court appointed a "special attorney" to represent Ms. Bergman in all proceedings concerning the determination of her competency, directed that a psychiatric or psychological examination of her be conducted, established a schedule, and set a competency hearing on February 22, 2007. 6. More than 100 days (112 days as of February 22, 2007) have passed since the Court

completed the first-step (i.e., determined that there were grounds to conduct a psychiatric examination) and Ms. Bergman has been detained without any determination under the Bail Reform Act, 18 U.S.C. § 3141, et seq, or § 4241, et seq. as to the necessity or appropriateness of her confinement. 7. Accordingly, Ms. Bergman disputes her continued confinement during this

preliminary evaluation period.

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Case 1:04-cr-00180-WDM

Document 186

Filed 02/21/2007

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Dated: February 21, 2007

MARTHA H. ESKESEN, P.C. s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected] "Special Attorney" for Gwen Bergman

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on February 21, 2007, I electronically filed the foregoing SUPPLEMENT TO GWEN BERGMAN'S POSITION STATEMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David M. Conner, AUSA Email: [email protected] Edward Pluss, AFPD Email: [email protected] And I hereby certify that I have mailed or served the foregoing document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc) indicated by the non-participant's name: Gwen Bergman Douglas County Jail 4000 Justice Way Castle Rock, CO 80109 MARTHA H. ESKESEN, P.C. s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected] 3