Order — United States v. Zsa Zsa Bouvier Couch (M.D. Ala., Dkt. 159, March 1, 2023)

Summary

An Order in United States of America v. Zsa Zsa Bouvier Couch, Case 2:21-cr-00185-MHT-CWB, Document 159, filed 03/01/23, in the District Court of the United States for the Middle District of Alabama, Northern Division. The court states that the question at an in-person hearing on February 28, 2023 is whether the defendant has the mental capacity to stand trial under 18 U.S.C. § 4241(a), and describes a third psychological evaluation by Dr. Amor Correa, in a report dated December 29, 2022 (Doc. 136). It records that all parties agreed at the hearing to the court relying on Dr. Correa's findings. The court orders that the defendant is declared mentally competent to stand trial. It is signed /s/ Myron H. Thompson, United States District Judge.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

      Case 2:21-cr-00185-MHT-CWB Document 159 Filed 03/01/23 Page 1 of 5



  IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

        MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION


UNITED STATES OF AMERICA              )
                                      )       CRIMINAL ACTION NO.
         v.                           )          2:21cr185-MHT
                                      )               (WO)
ZSA ZSA BOUVIER COUCH                 )

                                   ORDER

       Defendant Zsa Zsa Bouvier Couch was charged in a

13-count indictment concerning her alleged involvement

in a “scheme ... to defraud financial institutions.”

Indictment (Doc. 1) at 20.

       The question presented to the court at an in-person

hearing on February 28, 2023, is whether Couch has the

mental capacity to stand trial, that is, whether she

currently has a mental disease or defect rendering her

mentally incompetent to the extent that she is unable to

understand the nature and consequences of the proceedings

against her or to assist properly in her own defense.

See      18    U.S.C.      § 4241(a).          After      two    previous

psychological evaluations, see Psych. Evaluation (Doc.

54)    (Dr.    Shaffer);     Psych.       Evaluation   (Doc.    80)    (Dr.
    Case 2:21-cr-00185-MHT-CWB Document 159 Filed 03/01/23 Page 2 of 5




Boyer), and an in-person hearing in March 2022, the court

found Couch “mentally incompetent to stand trial” and

committed her “to the custody of the Attorney General for

a   competency       evaluation       and     competency       restoration

treatment.”        United States v. Couch, No. 2:21cr185-MHT,

2022 WL 1056418, at *3 (M.D. Ala. 2022) (Thompson, J.).

     This third psychological evaluation was performed by

Dr. Amor Correa while Couch was in the custody of the

federal Bureau of Prisons.                In a report dated December

29, 2022, Dr. Correa found that Couch “is currently

competent     to    stand      trial”      and    that     “[s]he   is    not

suffering from a mental disease or defect which would

render      her    unable      to    understand          the   nature     and

consequences of the proceedings against her, to assist

properly     in    her   own    defense,         or   to   understand     the

consequences and significance of pleading guilty to the

charges against her.”           Evaluation (Doc. 136) at 9.

     More    specifically,          Dr.    Correa     found    that     Couch

currently has no diagnosable mental-health disorder or

condition.        See id. at 8.           (He did note, however, that


                                      2
   Case 2:21-cr-00185-MHT-CWB Document 159 Filed 03/01/23 Page 3 of 5




she likely met criteria for Adjustment Disorder with

Mixed Disturbance of Emotions and Conduct during her

initial hearings and interactions with attorneys.                       See

id.)

       Based on Couch’s time being observed, Dr. Correa

reported that: She “has not demonstrated or reported

significant symptoms of anxiety, depression, traumatic

responses, or paranoia, despite not being treated with

psychiatric          medication.          Diagnoses     of    Adjustment

Disorders indicate an individual has developed emotional

symptoms in response to an identifiable stressor.                    In Ms.

Couch’s       case,    she    exhibited    symptoms    of    depression,

anxiety,       and    paranoia    around    COVID-19,       the    COVID-19

shut-down,       and    her    impending    divorce.         Ms.    Couch’s

emotional       distress       and   behavioral       outbursts        were

primarily based on her marital and legal problems at the

time.     Currently, she appears to be coping well.”                    Id.

at 8.

       With    regard    to     previous    diagnoses,       Dr.     Correa

reviewed the reports by Dr. Shaffer and Dr. Boyer and


                                     3
      Case 2:21-cr-00185-MHT-CWB Document 159 Filed 03/01/23 Page 4 of 5




concluded that, at present, “Ms. Couch presented with no

symptoms      of   bipolar      disorder        or   delusional        disorder

during this evaluation and [because] she was not taking

mood     stabilizing       or   antipsychotic           medication,       it    is

likely that any previous symptoms of PTSD or bipolar

disorder      are,    instead,     better         accounted      for     by    the

emotional       dysregulation        she        experienced      during        the

timeframe of the situational stressors” and that “her

condition improved over the course of the evaluation and

she     did   exceedingly       well       in    competency      restoration

class.”       Id. at 9.         He further found that: “She has

demonstrated         the   ability     to       retain   legal     and    Court

concepts and apply these concepts to her own case in a

rational manner.            In addition, she has displayed no

psychological        deficient     that         would    prevent    her       from

assisting her attorney in her defense.”                    Id.

       Couch appeared in person at a competency hearing on

February 28, 2023, where all parties agreed to court

relying on Dr. Correa’s findings.




                                       4
   Case 2:21-cr-00185-MHT-CWB Document 159 Filed 03/01/23 Page 5 of 5




    Therefore, based on the contents of two in-person

hearings   in   March    2022    and   February     2023    and   three

psychological reports, including that of Dr. Correa, the

court concludes, after an independent evaluation of the

evidence, that pursuant to 18 U.S.C. § 4241(a) Couch does

not currently have a mental disease or defect such that

she is unable to understand the nature and consequences

of the proceedings against her or to assist properly in

her defense.

                                 ***

    Accordingly, it is ORDERED that defendant Zsa Zsa

Bouvier Couch is declared mentally competent to stand

trial in this case.

    DONE, this the 1st day of March, 2023.

                                    /s/ Myron H. Thompson
                                 UNITED STATES DISTRICT JUDGE




                                   5


File and source

File

159.pdf

Size

80,206 bytes

SHA-256

f531cfb0f08d7f9cd989a7ffcddf3deda3d5c17f2821b0b00a3f2b2df60b07b2

Our copy

159.pdf

Original

No public link identified.