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United States v. Lymond

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 20, 2010

UNITED STATES OF AMERICA
v.
JOSEPH LYMOND, DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW this 20th day of January, 2010, after a hearing held November 10, 2009, and upon consideration of the within Motion for an Order Authorizing Mr. Lymond's Unconditional Release from Federal Custody (Doc. 72), the Court finds that:

a. Mr. Lymond is at the Wernersville State Hospital, a hospital that treats those who are mentally ill;

b. Mr. Lymond was committed involuntarily and therefore is not free to leave on his own;

c. Mr. Lymond is in a structured and supervised environment;

d. Medical staff at Wernersville State hospital will monitor Mr. Lymond's compliance with medications;

e. Dr. Dale Adair, Chief Medical Officer, Wernersville State Hospital, has stated that the hospital medical staff will not discharge anyone who, in their opinion, presents a danger to themselves or the community.

f. The Pennsylvania State Mental Health Procedures Act will govern Mr. Lymond's case and all aspects of his future care and treatment.

See 50 P.S. §§7301-7306.

In light of the state commitment proceedings and Mr. Lymond's secure placement at Wernersville State Hospital pursuant to the provisions of the Pennsylvania State Mental Health Procedures Act, 50 P.S. §7301, et seq., the Court finds that Mr. Lymond has proven by clear and convincing evidence that his release federally will not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect.

THEREFORE, IT IS ORDERED that Joseph Lymond is hereby unconditionally released from federal custody pursuant to 18 U.S.C. § 4343(d).

20100120

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