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UNITED STATES v. EVANS

February 2, 1989

UNITED STATES OF AMERICA
v.
JOSEPH EVANS



The opinion of the court was delivered by: KATZ

 MARVIN KATZ, UNITED STATES DISTRICT JUDGE

 AND NOW, after consideration of the entire record, including the reports of Dr. Bohn and Dr. Cooke, and after a competency hearing conducted pursuant to 18 U.S.C. § 4241, I make the following findings:

 Background

 1. On September 22, 1988 Joseph Evans was arrested when he attempted to enter the United States Courthouse carrying a thirteen-inch butcher knife.

 2. On September 23, 1988 a Complaint and Warrant were issued by Magistrate Powers, charging the defendant with violations of 18 U.S.C. § 111, 18 U.S.C. § 13 and 41 C.F.R. § 101-20.313.

 3. Also on September 23, pursuant to 18 U.S.C. §§ 4241 and 4247(b), Magistrate Powers ordered that the defendant be committed to the custody of the Attorney General for a period of thirty days for purposes of a psychiatric or psychological evaluation by the professional staff of the Medical Center for Federal Prisoners in Springfield, Missouri ("Springfield"). The examining psychiatrists or psychologists were specifically directed to evaluate whether the defendant was mentally competent to understand the nature and consequences of the proceedings against him and to assist properly in his defense.

 4. The defendant was not received at Springfield until October 13, 1988. On October 24, upon consideration of this fact and Springfield's request for an extension of time within which to complete the study and observation of the defendant, Magistrate Powers granted an extension until November 12.

 5. On October 18, 1988, Magistrate Hall granted a continuance of thirty days, until November 23, 1988, of the time within which an indictment must be filed against the defendant.

 6. On November 17, 1988, a four count indictment was filed against the defendant charging him with violations of 18 U.S.C. § 13 and 41 C.F.R. § 101-20.313.

 7. On November 28, Springfield's warden submitted to Magistrate Powers a report signed by Martin J. Bohn, Jr., Ph.D., a member of the institution's clinical staff. The report diagnosed the defendant to be suffering from Schizophrenia, paranoid type, but nevertheless concluded that the defendant was mentally competent to stand trial.

 8. During his stay at Springfield, the defendant received a medically supervised regimen of psychotropic medication. In his report Dr. Bohn expressed the opinion that maintenance on psychotropic medication was essential to prevent the deterioration of defendant's mental health.

 9. On December 1, the defendant was arraigned before Magistrate Leomporra and ordered detained before trial. The trial was scheduled for December 14.

 10. On December 8, this court granted defendant's motion for a continuance and accordingly ordered the trial date ...


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