Motion for Psychological Evaluation Pursuant to 18 U.S.C. § 4241 — United States v. Chad Brandon Thomas

Summary

Defense counsel Jefferson B. Fairchild moved on 10/25/22 for a psychological evaluation of Chad B. Thomas under 18 U.S.C. § 4241 at the Bureau of Prisons, including an assessment of competency and the need for any medication, in Case No. 2:22-CR-76 (E.D. Tenn.). The motion says counsel has concerns about the client's present mental capacity, that credible sources reported a history of mental health issues, and that counsel cannot represent the defendant effectively without an evaluation. The Assistant United States Attorney has no objection, and counsel asks that trial proceedings be held in abeyance pending the outcome and report of the evaluation.

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Full text

                            UNITED STATES DISTRICT COURT
                       FOR THE EASTERN DISTRICT OF TENNESSEE


 UNITED STATES OF AMERICA                    ]
                                             ]
 -vs-                                        ]              Case No.: 2:22 - CR - 76
                                             ]
 CHAD B. THOMAS                              ]


        MOTION FOR PSYCHOLOGICAL EVALUATION PURSUANT TO 18 U.S.C. §4241


          Comes now Defendant, CHAD B. THOMAS, by and through counsel of record, and

 hereby moves the Court to allow a psychological evaluation pursuant to 18 U.S.C. § 4241.

 Defendant respectfully requests that the trial proceedings be held in abeyance pending the

 psychological evaluation to be conducted by the Bureau of Prisons to include an assessment of

 the competency of Defendant and the need for any medication. In support of this motion,

 counsel shows the following:

          1.    Counsel has concerns regarding the present mental capacity of his client, Chad B.

 Thomas, and his ability to address the issues in his case. It has been reported to counsel from

 various credible sources that Defendant has a history of mental health issues and some of the

 present behaviors exhibited by Defendant further support those reports. Counsel is unaware if

 Defendant has been diagnosed with any mental health disorders. Counsel believes an evaluation

 is necessary to address the questions and concerns he has regarding Defendant’s current mental

 health and need for medication.

          2.    Given the significant liberty interests at stake and Defendant’s present mental

 instability, counsel does not believe he can represent Chad B. Thomas effectively without the

 benefit of a psychological evaluation.




Case 2:22-cr-00076-JRG-CRW            Document 26      Filed 10/25/22     Page 1 of 2     PageID
                                            #: 96
        3.      The Assistant United States Attorney assigned to this case has no objection to the

 request for evaluation and treatment.

        4.      Counsel has had recent communication with Defendant and believes that

 Defendant agrees to be evaluated.

        In consideration of the foregoing, counsel asks this Honorable Court to enter an Order

 allowing for a psychological evaluation pursuant to 18 U.S.C. § 4241 at the Bureau of Prisons

 and for the trial proceedings to be held in abeyance pending the outcome and report of said

 evaluation.

                                                        Respectfully submitted,




                                                        /s/ Jefferson B. Fairchild _______
                                                By:     Jefferson B. Fairchild
                                                        117 South Depot Street
                                                        Post Office Box 7
                                                        Rogersville, Tennessee 37857
                                                        (423) 272-2142



                                  CERTIFICATE OF SERVICE

        I, the undersigned, do hereby certify that a true and exact copy of the foregoing Notice
 has been served upon the following by electronic filing to-wit:

                                           Mr. Mac Heavener
                                         Assistant U.S. Attorney

                                           Ms. Katie Adams
                                         U.S. Probation Officer
                                         (delivered via email)

        This 25th day of October, 2022.
                                                        /s/ Jefferson B. Fairchild _______
                                                        Jefferson B. Fairchild




Case 2:22-cr-00076-JRG-CRW               Document 26      Filed 10/25/22     Page 2 of 2     PageID
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