Free Motion to Dismiss All Charges - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Bill C. Solomon Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 [email protected] Arizona State Bar No. 020012 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0951-PHX-DGC Plaintiff, v. Jaod David Dodds, Defendant. The United States of America, through undersigned counsel, hereby moves this Court GOVERNMENT'S MOTION TO DISMISS INDICTMENT

16 dismiss the indictment against Jaod David Dodds. On March 15, 2006, this Court held a 17 competency hearing pursuant to 18 U.S.C. §4241(c). By order filed March 27, 2006, this 18 Court concluded "by a preponderance of the evidence that Mr. Dodds `is unable to 19 understand the nature and consequences of the proceedings against him and to assist properly 20 in his defense.'" 21 By order filed September 25, 2006, this Court committed Mr. Dodds to the custody of

22 the Attorney General pursuant to 18 U.S.C. § 4241(d)(1) for the purpose of obtaining the 23 opinion of an appropriate medical facility on the issue addressed in 18 U.S.C. § 4246(a) 24 whether Mr. Dodds is presently suffering from a mental disease or defect as a result of which 25 his release would create a substantial risk of bodily injury to another person or serious 26 damage to property of another. 27 28

Case 2:04-cr-00951-DGC

Document 61

Filed 12/18/2006

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While in the custody of the Attorney General in Butner, North Carolina, Mr. Dodds

2 went before a risk assessment panel comprised of the designate of the Chief of Psychiatry, 3 the Chief of Psychology Services, and the social worker assigned to his case. It was the 4 consensus of the risk panel that while Mr. Dodds is a dangerous person, this condition is not 5 related to a mental disease or defect, but is the product of his Antisocial Personality Disorder. 6 Given the risk panel's assessment of Mr. Dodds, coupled with Dr. Lucking's April 6,

7 2005 report, the government requested this Court reconsider its order, finding Mr. Dodds 8 incompetent to stand trial. After a brief hearing on the matter, this Court denied the 9 government's motion. 10 Because this Court has found Mr. Dodds incompetent to stand trial, and due to the fact

11 that his dangerousness is not attributable to a mental disease or defect, Mr. Dodds can no 12 longer be held in custody on the charge currently pending against him. For these reasons, the 13 government moves to dismiss the indictment against Mr Dodds. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Case 2:04-cr-00951-DGC Document 61 Filed 12/18/2006 Page 2 of 3

Respectfully submitted this 18th day of December, 2006.

PAUL K. CHARLTON United States Attorney District of Arizona s/Bill C. Solomon BILL C. SOLOMON Assistant U.S. Attorney

1 CERTIFICATE OF SERVICE 2 3 4
Sherry Bell I hereby certify that on December 18, 2006 , I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

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Case 2:04-cr-00951-DGC Document 61 Filed 12/18/2006 Page 3 of 3 s/Bill C. Solomon