DEFENDANT, by and through the undersigned counsel and pursuant to Rule 3.210(b), Washington DC Rules of Criminal Procedure, requests that this Honorable Court appoint an expert to examine Defendant to determine whether he is competent to proceed with his case and stand trial. Counsel further requests that this Court set a time for a hearing to consider the findings of the expert and determine if further evaluation of Defendant is necessary. As grounds for this Motion, the undersigned states as follows:
- Defendant has been charged by Information with one count of Battery (M1).
- Undersigned counsel has interviewed Defendant and Defendant’s immediate family and has reason to believe that Defendant does not possess the mental capacity to proceed with this case. Specifically, counsel is unable to communicate with Defendant regarding the pertinent facts of the case and has serious doubts as to Defendant’s ability to understand the nature of the proceedings and stand trial.
- Defendant is currently housed at Consulate Health Care (Consulate), a sub-acute mental health treatment facility located at 123 Dairy Road in Washington DC , Washington DC.
- Defendant has been evaluated at Consulate by licensed clinical social workers and Dr. Daniel Stump, a licensed psychiatrist. All have expressed concerns about the status of Defendant’s mental health and Defendant’s competence to make informed decisions or give informed consent.
- Defendant’s family members have represented to the undersigned that Defendant has been diagnosed with Central Pontine Myelinolysis, a brain cell dysfunction caused by the destruction of the layer (myelin sheath) covering nerve cells in the brainstem.
- Due to the nature of the charges and possible penalties, coupled with the Defendant’s limited ability to adequately comprehend his situation and communicate with counsel, undersigned counsel requests a competency evaluation to determine if Defendant’s current mental condition renders Defendant unsuitable to proceed with the present case.
- Undersigned counsel certifies that this motion is made in good faith and that counsel has reasonable grounds to believe that Defendant presently suffers from mental disabilities that cause him to be incompetent to proceed with this case.
WHEREFORE, the undersigned respectfully requests that this Honorable Court enter an Order appointing an expert to examine Defendant for a determination of competency. Counsel further requests that this Court set a time for a hearing to consider the findings of the expert and determine if further evaluation of Defendant is necessary.