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Home Source documents Order for Mental Health Evaluation — United States v. Michael Williams, No. CR419-089 (Dkt. 19, S.D. Ga.)

Order for Mental Health Evaluation — United States v. Michael Williams, No. CR419-089 (Dkt. 19, S.D. Ga.)

Summary

U.S. Magistrate Judge Christopher L. Ray ordered on June 4, 2019 that Michael Williams (S.D. Ga., CR419-089) be examined to determine mental competency, on the defendant's motion under 18 U.S.C. § 4241, which the government did not oppose. The court found reasonable cause to suspect the defendant's mental competency and ordered placement in a suitable facility designated by the Bureau of Prisons for examination. The facility's written report must address whether the defendant is presently unable to understand the nature and consequences of the proceedings or to assist properly in the defense, and whether the defendant was insane at the time of the offense charged, under 18 U.S.C. §§ 4241(a) and 4242(a).

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Full text

                  UNITED STATES DISTRICT COURT
                  SOUTHERN DISTRICT OF GEORGIA
                        SAVANNAH DIVISION

UNITED STATES OF AMERICA,         )
                                  )
v.                                )           CR419-089
                                  )
MICHAEL WILLIAMS,                 )
                                  )
     Defendant.                   )

          ORDER FOR MENTAL HEALTH EVALUATION

     Defendant Michael Williams moves for psychological examination

pursuant to 18 U.S.C. § 4241 on the ground that there is reasonable

cause to suspect defendant’s mental competency and his ability to

understand the proceedings against him or to properly assist in the

defense of the pending charges. Doc. 16. The Government does not

oppose this motion. Doc. 18. Based on defendant’s showing, the Court

is satisfied that there is reasonable cause to suspect the mental

competency of the defendant. 18 U.S.C. § 4241(a).

     IT IS ORDERED that the defendant be examined and observed

in accordance with 18 U.S.C. § 4241(b) and 18 U.S.C. § 4242(a) and that

a report be filed pursuant to 18 U.S.C. § 4247(b) and (c).

     IT IS FURTHER ORDERED that the defendant be placed

immediately in a suitable facility, to be designated by the Bureau of
Prisons, for an examination to determine the mental competency of the

defendant and whether he was responsible for his conduct at the time of

the offense.

     IT IS FURTHER ORDERED that the director and/or the

treatment staff of the designated facility shall make a written report of

their findings as soon as practicable to the Honorable Christopher L.

Ray, United States Magistrate Judge, United States District Court,

Southern District of Georgia, Post Office Box 9563, Savannah, Georgia

31412; to Assistant United States Attorney Joshua S. Bearden, U.S.

Attorney’s Office-Savannah, Post Office Box 8970, 22 Barnard Street,

Suite 300, Savannah, Georgia 31401; and to counsel for the defendant

Stephen Harris, PO Box 8998, Savannah, GA 31412. The designated

facility shall state its opinion as to the following questions:

        1. Whether the defendant is presently suffering from a mental

           disease or defect rendering him mentally incompetent to the

           extent that he is unable to understand the nature and

           consequences of the proceedings against him or to assist

           properly in his defense. 18 U.S.C. § 4241(a).

        2. Whether the defendant was insane at the time of the offense

                                      2
           charged. 18 U.S.C. § 4242(a); 18 U.S.C. § 17.

     IT IS FURTHER ORDERED that the examiner’s report shall

include the pertinent information required by 18 U.S.C. § 4247(c).

     SO ORDERED, this 4th day of June, 2019.



                                 ______________________________
                                 CHRISTOPHER L. RAY
                                 UNITED STATES MAGISTRATE JUDGE
                                 SOUTHERN DISTRICT OF GEORGIA




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