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


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Date: October 27, 2006
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Category: District Court of Delaware
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I Case 1 :06-cr-00116-GIVIS Document 10 Filed 10/27/2006 Page 1 ot 4
IN THE UNITED STATES DISTRICT COURT I
· . I I - FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) p
` Plaintiff, g C
I v. ; Criminal Action No. 06-116
— a DENNIS 1). CARSON, i
Defendant. i 1
I i MOTION FOR COMPETENCY EVALUATION i
i NOW COMES the United States of America, by and through its undersigned attorneys, and i
hereby moves for a competency examination of the defendant at a suitable federal facility, and in
support thereof states as follows: E
l. There is reasonable cause to believe that the defendant may presently be suffering
from a mental disease or a mental defect rendering him mentally incompetent to the extent that I
he is unable to stand trial or properly assist in his defense. l
2. During an October 26, 2006, interview with United States Probation Ofiicer Frank _
. Kurzelcnabe, the defendant stated that he heard voices in his head telling him to hurt people, and
that he had previously been diagnosed with a mental illness. Furthermore, in the letter sent by
K the defendant on October 10, 2006, which provides the basis for the underlying charges, he in
stated: p
I cannot even begin to count the number of times I have been a guest at the State hospital.
For a lot of years every time I went to sleep I would start hearing helicopters after what
Kathy Kuakalski did to me I started back hearing helicopters again when I try to sleep. I I
have suffered from depression for a lot of years and anti depressant drugs do nothing for my l

Case 1 :06-cr-001 16-GI\/IS Document 10 Filed 10/27/2006 Page 2 ot 4
type of depression, electric shock treatment has helped me some. What I suffer from is soul
_ sickness. When I leave this world it will be a relief . . . I have absolutely no fear of death
` and that is not a threat either, a.nd I would gladly choose to put a hollow point bullet
through my head before I would be returned to prison.
l The defendant’s statements evidence delusions and paranoia that provide reasonable cause to
believe that the defendant presently suffers Hom a mental disease or defect rendering him
mentally incompetent to the extent that he is unable to understand the nature and the
consequences of the proceedings against him or to assist properly in his defense.
I 3. Pursuant to 18 U.S.C. §§ 4241 and 4247(b), the United States requests that the
defendant be committed to the custody of the Attomey General for a term of thirty (30) days for
placement at a suitable federal facility 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 his competency to stand trial.
WHEREFORE, the United States respectfully requests that the Court order a competency .
examination, and enter the attached proposed Order. i
COLM F. CONNOLLY
` United States Attorney I
By: Q i I
Sophie . Bryan =
Assistant United States Attorney I
Dated: October 27, 2006 I .
2 I

W Case 1 :06-cr-00116-GIVIS Document 10 Filed 10/27/2006 Page 3 ot 4
‘ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
V. i Criminal Action No. 06-116
DENNIS D. CARSON, g
Defendant. g
O R D E R I
WHEREAS, the defendant has been charged by criminal complaint and indictment with a
violation of federal law, and
l ‘WHEREAS, the government requests a competency examination of the defendant at a
suitable federal facility, and
WHEREAS, the Court fmds there is reasonable cause to believe the defendant may -
presently be suffering from a mentaldisease or mental defect rendering him mentally I
incompetent to the extent that he is tmable to understand the nature and the consequences of the _
proceedings against him or to properly assist in his defense. A
IT IS HEREBY ORDERED this day of _, 2006, pursuant to 18 U.S.C.
§§ 4241 and 4247(b) that Dennis D. Carson shall forthwith be committed to the custody of the
Attorney General for a term of thirty (30) days for placement at a suitable federal facility for the A I
purpose of having a complete and thorough medical study to include a physical, psychiatric, j
psychological, and/or neurological examination of the defendant to aid in the determination of I
his competency to stand trial and assist in his defense.

I Case 1 :06-cr-00116-GIVIS Document 10 Filed 10/27/2006 Page 4 of 4
I IT IS FURTHER ORDERED that a psychiatric, psychological, or medical study report be
prepared by the examiner and that a report be tiled with the Court. The report shall include the
following: ·
A l. Mr. Carson’s history and present symptoms;
2. A description of the psychiatric, psychological, neurological, and medical tests that
were employed and their results to properly inform the Court if Mr. Carson is A
experiencing a psychiatric, psychological, neurological and/or medical problem.
3. The examiner’s fmdings.
4. The examiner’s opinions as to diagnosis, prognosis, and appropriate correctional
treatment.
5. The examiner’s opinions as to whether Mr. Carson is presently suffering trom a
mental disease or defect rendering him mentally incompetent to the extent that he is
unable to tmderstand the nature and consequences of the proceedings against him or
to assist properly in his defense.
HONORABLE MARY PAT THYNGE i
United States Magistrate Judge
l )