From the timeKillercop entered the federal prison system, first in Devens, Mass., he was subjected to "conditions of psychological and physical torture," including months of confinement for "non-disciplinary reasons."
A. Competency Standard
The standard for determining competency is well established through United States
Supreme Court case law.
Federal courts have acknowledged that the Due Process Clause of
“[t]he Constitution forbids the trial of a defendant who lacks mental competency.” United States
v. DeShazer, 554 F.3d 1281, 1285 (10th Cir. 2009).
More recently, the Supreme Court has recognized that requiring a criminal
defendant to “be competent has a modest aim:It seeks to ensure that he has the capacity to understand the proceedings and to assist counsel.” Godinez v. Moran, 509 U.S. 389, 402 (1993).
Nor does the Director of the facility ever send the Certificate, required by the law, when he sends me back to California, after finally learning about the secret hearing from me, directly in his office. More on that later.
FACT:
March of 2003 rolls around. Killercop arrives back for another hearing and informs everyone of the facts above at the next hearing. The judge, of course, covers this fact up and ignores the reality that Dr.Who didn't treat the accused, or even examine him, but in fact had made up the report, just like he had made up these other reports. "Doctored Reports:" 123
FACT:
Even the Warden from the Nut House chimes in on the issue, supporting my statements above.
This standard is stated slightly differently in 18 U.S.C. § 4241(d).
Under the current federal statute, a defendant is incompetent if the court finds by a
preponderance of the evidence that he or she “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.” See also, Incompetency to Stand Trial, 81 Harv. L. Rev. 454
(1967); Indiana v. Edwards, ___ U.S. ___ , 128 S.Ct. 2379 (2008).
The Department of Justice Manual 9-9.110 recommends that the
initial competency evaluation be done locally, citing In re Newchurch, 807 F.2d 404 (5th
Cir. 1986).
In Killercop's case he was sent to the opposite side of the United States of America.
Commitments after a judicial finding of incompetency.
A. Upon a judicial determination of reasonable cause to believe the
defendant is incompetent, the court may order a 30 day in-patient examination under 18
U.S.C. §4241(b) and 18 U.S.C. §4247(b). The court cannot begin with a four month
commitment under §4241(d) without this intermediary step. U.S. v. White, 887 F.2d 705,
710 (6th Cir. 1989).
The four month commitment requires a finding of incompetency.
b. Once a court has determined, after a [secret] hearing, that a defendant is
incompetent, 18 U.S.C. §4241(d) provides for a temporary commitment. The section
permits custody and treatment for up to four months.
18 U.S.C. § 4241(d), which permits custodial treatment "for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed." 18 U.S.C. § 4241(d)(1),
4241(d) IT IS NOT, I REPEAT, NOT FOR AN EVALUATION. GET IT?
Attorneys for Jared Loughner, accused shooter of Rep. Gabrielle Giffords and 18 others, have filed an emergency motion to block federal authorities from forcibly medicating their client with anti-psychotic drugs. The motion, filed Friday in Tucson, Ariz., federal court, argues that the Justice Department is making "an end run" around Mr. Loughner's right to contest such treatment by misusing the rules governing administering such drugs. The U.S. Attorney's office in Phoenix, which is prosecuting the case, didn't request that Mr. Loughner be forcibly medicated and wasn't consulted about it, an official there said. The federal Bureau of Prisons made that decision under authority it has, he said. A Bureau of Prisons spokeswoman declined to comment.
NOTE: This didn't seem to bother Matz when he never insured a “Certificate of Competency” was filed, before conducting hearing on 08.27.03
May I inquire??? F U! Where was my right to inquire??? No T.V? No phones? How about a tin can and a really long stretch of string. Even a kidnapper and murder gets a least that!!
The Ninth Circuit has called insuring a Certificate of Competency is filed a “Vital Responsibility” of the judge’s duties. This means all of them violated U.S. v. Phelps, 283 F.3d 1176 (9th Cir. 2002) Which was "fresh" law.
Judge Matz also never made the "required" finding that there is a “substantial probability of future competency,” required under Jackson v. Indiana, 406 US 715, 738 (1972). But he did predict that in 2010, we would still be arguing about the rights under the Constitution, he, and everyone else, knew they were violating.
Judge Matz: "[a]nd under the applicable provisions of the federal statute involved, 18 U.S.C. 4241(D), I was directing that he be examined in an FMC for the purposes of evaluating that determination. I did not make a finding." Page 4,
Lines 24-25, Id.
Prosecutor: “[a]nd even though we were aware that the court didn't make the "specific" finding [ ] at the hearing,…”
THE FACT THAT ALL THREECONSPIRED TO VIOLATE MY RIGHTS, THEN PUNISHED ME FOR POINTING OUT THAT SPECIFIC FACT. AMONST OTHERS.BUMMER FOR YOU THEN BECAUSE I GOT MORE BAD NEWS. ELENA J. DUARTE LIED TO YOU ABOUT IT.
THE U.S. GOVERNMENT IS LYINGTO ITSELF, TOO, AS YOU READ THIS>
ONLY NOW YOU GET A PRESENT CHANCE TO PLUNDER THEM BACK.TAKE BACK YOUR IDENTITY!! TAKE IT BACK FROM THEM. THEY SIMPLY STOLE IT FROM YOU (ALONG WITH YOUR YOUR JOBS, YOUR HOMES, INVESTMENTS AND SAVNGS, ETC!!)
I AM SIMPLY GIVING YOU THE OPPORTUNITY TO TAKE BACK YOUR IDENTITYS THEY STOLE FROM YOU, TIMES 7000 PLUS!
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