Government’s Response in Support of the Defendant’s Position That the Defendant Is Competent to Stand Trial — United States v. Kelley (Dkt. 27, E.D. Va.)

Summary

The government's response in support of the defense position that Kelley is competent to stand trial, filed August 4, 2022 in United States of America v. Kortney Thomas Kelley, Criminal No. 3:22-cr-35, in the U.S. District Court for the Eastern District of Virginia, Richmond Division. It responds to the defense filing (ECF No. 26) and recites that on May 31, 2022 the government moved for a competency examination (ECF No. 19), and that on June 2, 2022, the Court vacated trial deadlines, set a competency hearing for September 6, 2022, and appointed psychiatric examiner Dr. Evan Nelson (ECF No. 22). It states that Dr. Nelson completed his examination on July 18, 2022 and found the defendant competent, and asks the Court to find Kelley competent to stand trial. It is signed by Assistant United States Attorney Avi Panth.

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Case 3:22-cr-00035-DJN Document 27 Filed 08/04/22 Page 1 of 2 PageID# 101




                        IN THE UNITED STATES DISTRICT COURT
                        FOR THE EASTERN DISTRICT OF VIRGINIA

                                        Richmond Division

UNITED STATES OF AMERICA                              )
                                                      )
       v.                                             )       Criminal No. 3:22-cr-35
                                                      )
KORTNEY THOMAS KELLEY,                                )
                                                      )
               Defendant.                             )

   GOVERNMENT=S RESPONSE IN SUPPORT OF THE DEFENDANT’S POSITION
         THAT THE DEFENDANT IS COMPETENT TO STAND TRIAL

       The United States of America, through undersigned counsel, submits the following

response in support of the defendant’s Position that Mr. Kelley is Competent to Proceed

(ECF No. 26). Based on the findings of the Court-appointed psychiatric examiner and

statements by the defense, both concluding that KORTNEY THOMAS KELLEY is competent to

stand trial, the Court should find the defendant competent to stand trial.

       On May 31, 2022, the government moved this Court to appoint an independent

psychiatric examiner to perform a competency examination of the defendant, KORTNEY

THOMAS KELLEY. ECF No. 19. On June 2, 2022, the Court vacated trial deadlines, set a

competency hearing for the defendant on September 6, 2022 at 11:00 a.m., and appointed

psychiatric examiner Dr. Evan Nelson to perform a competency examination of the defendant.

ECF No. 22. Dr. Nelson completed his psychiatric examination of the defendant on July 18,

2022, finding that the defendant is competent to proceed to trial and “possessed a rational and

adequately factual understanding of a trial and the roles of courtroom personnel and possessed

the capacity to assist counsel in preparing a defense.” Moreover, on August 4, 2022, the defense


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  Case 3:22-cr-00035-DJN Document 27 Filed 08/04/22 Page 2 of 2 PageID# 102




filed a position asserting that “Mr. Kelley is competent to proceed to trial in this matter” and

“Mr. Kelley is able to consult with [counsel] with a reasonable degree of rational understanding

and has a rational as well as a factual understanding of the proceedings against him.” ECF

No. 26.

          Based on the conclusions of Dr. Evan Nelson and the defense, that KELLEY is

competent to proceed to trial, the government asks the Court to find KELLEY competent to

stand trial.



                                                      Respectfully submitted,

                                                      JESSICA D. ABER
                                                      UNITED STATES ATTORNEY

                                              By:                     /s/
                                                      Avi Panth
                                                      VSB No. 92450
                                                      Assistant United States Attorney
                                                      United States Attorney=s Office
                                                      919 East Main Street, Suite 1900
                                                      Richmond, Virginia 23219-2447
                                                      Telephone: 804-819-5400
                                                      Fax: 804-771-2316
                                                      Email: avishek.panth@usdoj.gov




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