United States District Court, S.D. Florida
ORDER REQUIRING THE INVOLUNTARY MEDICATION OF
DEFENDANT IN ORDER TO RESTORE COM POTENCY [DE 253]
WILLIAM MATTHEWMAN UNITED STATES MAGISTRATE JUDGE
cause is before the Court upon the Government's Motion
for an Order Requiring the Involuntary Treatment of the
Defendant [DE 253], pursuant to Title 18 United States Code,
Section 4241 and Sell v. United States, 539 U.S.
166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003). This Motion was
referred to the undersigned by United States District Judge
Donald M. Middlebrooks. [DE 250]. Defendant has been charged
with violating the terms of his supervised release. [DE 227].
He is in the custody of the Bureau of Prisons, specifically
the Federal Medical Center at Butner, North Carolina (FMC
Butner), pending his supervised release revocation hearing.
Defendant is suffering from mental illness, and has been
since he was brought into custody over a year ago. Defendant
is mentally incompetent to participate in his revocation
hearing and needs antipsychotic medication, which he has
refused. For the reasons that follow, this Court authorizes
the medical staff at FMC Butner to administer antipsychotic
medication to Defendant without his consent for the purpose
of restoring his competency.
2004, Defendant was convicted of conspiracy in connection
with the acquisition of firearms from a licensed firearms
dealer, in violation of 18 U.S.C. § 371, making false
statements/representations to firearms dealer in connection
with the acquisition of a firearm, in violation of 18 U.S.C.
§§ 924(a)(1)(A) and 2, and possession of a firearm
by a convicted felon, in violation of 18 U.S.C. §
922(g)(1). On January 4, 2005, United States District Judge
Donald M. Middlebrooks sentenced Defendant to 180 months in
prison followed by three years of supervised release.
to mental health records from the Bureau of Prisons
Electronic Medical Record, it appears that Defendant began to
display symptoms of a paranoid thought disorder along with
increasing hostility and aggression in 2005, while
incarcerated at the Federal Correctional Institution at
Coleman ("FCI Coleman"). [DE 242, pg. 3]. Defendant
was transferred to the U.S. Medical Center for Federal
Prisoners in Springfield, Missouri on April 10, 2006 for
treatment. Id. Defendant was subsequently diagnosed
with schizophrenia. Id. He was involuntarily
medicated with anti-psychotic medication (Haldol) on
September 29, 2006, and his presentation, hygiene, and speech
substantially improved. Id.
September, 2006 and June, 2017, Defendant was transferred
seven times between federal correctional institutions and
federal medical centers due to his intermittent compliance
with mental health treatment and anti-psychotic medication.
Id. When compliant with his medication, Defendant
was described as stable and cooperative, but when he was not
compliant with his medication, he rapidly deteriorated and
exhibited odd, unpredictable, and aggressive behaviors. [DE
242, pg. 4]. On December 23, 2013, Defendant was transferred
to the Federal Medical Center in Devens, Massachusetts
("FMC Devens") for mental health treatment, where
he remained for the duration of his incarceration.
Id. Records show that attempts were made to engage
Defendant in treatment upon his release, but he consistently
refused to sign consent forms adding a mental health
requirement to the terms and conditions of his supervised
release. Id. Defendant was discharged from FMC
Devens on June 15, 2017. Id.
term of supervised release commenced on June 15, 2017. On
June 28, 2017, less than two weeks after his release from
custody, Defendant was charged with four violations of his
supervised release pursuant to a Petition for Warrant or
Summons for Offender under Supervision. [DE 227].
Specifically, the Petition alleges that Defendant failed to
report to the probation office within 72 hours of his
release; failed to report to the probation office as
directed; and failed to follow the instructions of the
probation officer. Id.
Court issued a warrant for Defendant's arrest [DE 228]
and he first appeared before this Court on July 21, 2017. [DE
230]. At Defendant's initial appearance, the Court
noticed that Defendant displayed bizarre behavior in Court
and appeared angry, agitated, and aggressive. [DE 231].
Defendant refused to be placed under oath and did not speak
in complete sentences. Id. The Court also noted that
the probation officer's Memorandum reflected that
Defendant's family members believe he has a mental
illness and may be violent. Id. The Government made
an ore tenus motion for Defendant to undergo a
competency examination. Id. Upon the
Government's motion, the Court's own observations,
and the information contained in the U.S. Probation
Offices' Memorandum to the Court, the Court entered an
order requiring that Defendant undergo a competency
evaluation and requiring that Defendant be committed to the
custody and care of the Attorney General for placement in a
suitable facility. Id.
THE COMPETENCY EVALUATION AND HEARING
to the Court's Order [DE 231], Dr. Judith Campbell,
Ph.D., a forensic psychologist with the Federal Medical
Center in Lexington, Kentucky, issued a forensic report
detailing the competency evaluation she conducted on
Defendant. [DE 242]. Dr. Campbell advised that Defendant
continued to suffer from schizophrenia and that it was highly
likely that Defendant would continue to have difficulty
working with his attorney until he is properly medicated. [DE
242, pg. 7]. She opined that Defendant was not competent to
proceed to trial or make other decisions regarding his legal
case. Id. On November 21, 2017, the Court held a
competency hearing. [DE 245]. At the hearing, Defendant had
to be removed from the courtroom. Id. The Court
carefully reviewed and adopted Dr. Campbell's forensic
report at the hearing and the Court found by a preponderance
of the evidence that Defendant was incompetent as defined by
18 U.S.C. §4241(a). Id. The Court ordered that
Defendant be hospitalized for treatment for a reasonable
period of time, not to exceed four months, for the purpose of
restoring Defendant's competency. Id.
was transported to FMC Butner on December 21, 2017, and he
has remained there since that time. Defendant was evaluated
by the staff at Butner for five months. A report dated March
6, 2018, and signed March 20, 2018 was authored by evaluator
Evan Du Bois, Psy.D., a forensic psychologist. [DE 249]. Dr.
Du Bois opined that Defendant suffers from schizophrenia. Dr.
Du Bois opined that Defendant remained incompetent to proceed
to trial and that competency is likely to be restored with
adherence to a medication regimen. Id. An addendum
and appendix, dated and signed April 19, 2018, was authored
by evaluator Logan Graddy, M.D., a psychiatrist. [DE 252].
Drs. Du Bois and Graddy discussed their findings in their
reports within the framework of the issues set forth in
Sell. The reports were admitted into evidence at the
subsequent May 21, 2018 Sell hearing under seal.
[Government's Exhibits 1 and 2].
THE MAY 21, 2018 SELL HEARING
Government filed its Motion for an Order Requiring the
Involuntary Treatment of the Defendant in Order to Restore
Competency on May 2, 2018. [DE 253]. On May 21, 2018, the
Court held an evidentiary hearing on the Motion. Defendant
appeared via video conference, but he had to be removed from
the conference because he was unable to control himself
sufficiently to sit through the hearing. Specifically,
Defendant was incoherent, babbling, and cursing loudly. The
Court could not conduct a hearing with Defendant present on
the video conference as he yelled and interrupted the Court,
counsel, and the witnesses during the hearing.
Defendant's counsel agreed that Defendant had to be
removed from the video conference to complete the hearing.
Defendant did not testify at the hearing and appeared wholly
unable to do so due to his severe mental condition.
Bois and Graddy testified via video conference. Dr. Du Bois
was recognized as an expert in clinical and forensic
psychology. Dr. Graddy was recognized as an expert in
forensic psychiatry. Dr. Du Bois testified that
Defendant's condition has remained stagnant and has
possibly worsened over the past five months. He testified
that he believed medication will aid ...