Free Order on Motion for Psychiatric Exam - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2119

Filed 01/04/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER is before the Court on the Government' Motion to Conduct s Mental Examination of William Sablan filed December 29, 2006. This motion is denied for the reasons stated on the record at the hearing and in this Order. The motion seeks an order authorizing Dr. Daniel Martell to perform a mental examination of William Sablan pursuant to FED. R. CRIM. P. 12.2(c)(1)(B). Rule 12.2(c)(1)(B) states that " the defendant provides notice under Rule 12.2(b) the court [i]f may, upon the government' motion, order the defendant to be examined under s procedures ordered by the court."The language of the rule is permissive. I find that Defendant' motion should be denied. s I first find that the motion is not timely. Defendant' Rule 12.2 Notice was filed s on March 30, 2006. Instead of promptly filing a motion asking for a mental examination, or at least provisionally asking for such an examination depending on Defendant' disclosures as to his mental status, the Government waited nine months s

Case 1:00-cr-00531-WYD

Document 2119

Filed 01/04/2007

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and only weeks before trial before filing its motion. This is despite the fact that the Government was repeatedly asked by Defendant in October and November, 2006, to disclose any expert testimony that it intended to present on this issue. The Government has presented no legitimate excuse or justification that would have prevented it from filing this motion much earlier. Further, I find that the motion, if granted, would cause substantial prejudice to Defendant and/or delay the trial that has been set for over two years now.1 This is because Defendant would need time to analyze the report and determine which of his experts would be required to address this report. A continuance at this late date is not acceptable, given how long this case has been pending and the substantial amount of resources the Court has devoted in connection with the upcoming trial. Finally, I find that the Government is not substantially prejudiced by the denial of its motion since it has extensive mental health testing of Defendant conducted through the Bureau of Prisons. Accordingly, it is ORDERED that the Government' Motion to Conduct Mental Examination of s William Sablan filed December 29, 2006, is DENIED.

The Scheduling Order of June 7, 2005, set the trial commencing on January 16, 2007. The trial date was pushed back to January 22, 2007, at a status conference on September 20, 2006.

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Case 1:00-cr-00531-WYD

Document 2119

Filed 01/04/2007

Page 3 of 3

Dated: January 4, 2007 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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