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United States v. Baker

July 5, 2006

UNITED STATES OF AMERICA PLAINTIFF,
v.
WESTLEY BAKER, DEFENDANT.



The opinion of the court was delivered by: Thomas M. Rose United States District Judge

ORDER GRANTING DEFENDANTS MOTION (DOC. 32), ORDERING A COMPETENCY EVALUATION, AND VACATING JURY TRIAL DATE

The above captioned case is before the Court for consideration of whether Defendant is competent to assist in his own defense. Defendant's behavior raises questions about his competence. Defendants counsel, James P. Rion, has moved to have the Defendant evaluated for competency (Doc. #32).

Accordingly, the Court finds there is good cause to believe Defendant is not competent, and therefore finds, pursuant to 18 U.S.C. § 4241(a), that there is reasonable cause to believe that the Defendant is presently suffering from a mental disease or defect rendering Defendant incompetent to the extent that Defendant is unable to understand the nature and consequences of the proceedings or to properly assist in his defense.

Therefore, pursuant to 18 U.S.C. § 4247(b), Defendant is ORDERED committed to the custody of the Attorney General of the United States for a period not to exceed thirty days for placement in a suitable facility to undergo a mental competency evaluation. The mental health professional designated to conduct the examination shall file a prompt report with this Court pursuant to 18 U.S.C. §4247(c).

It is further ORDERED that the Jury Trial, previously scheduled for Monday July 10, 2006, be vacated, and a new Jury Trial date will be scheduled upon the completion of the Defendant's evaluation.

DONE and ORDERED in Dayton, Ohio, this 5th day of July, 2006.

20060705

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