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

1 Dodds before a risk assessment panel comprised of the designate of the Chief of Psychiatry, 2 the Chief of Psychology Services, and the social worker assigned to Mr. Dodds. The panel 3 concluded that Mr. Dodds did not present a manner which was consistent with any clinically 4 defined mental disease or defect. Rather, the panel was of the opinion that Mr. Dodds 5 presented as a caricature of an individual with traumatic brain injury, presenting what he 6 believes an individual with a brain injury would look like. It was the consensus of the risk 7 panel that while Mr. Dodds is a dangerous person, this is not related to a mental disease or 8 defect, but is the product of his Antisocial Personality Disorder. As a result, Mr. Dodds did 9 not meet the first element of the statute and does not meet the criteria for commitment under 10 18 U.S.C. § 4246(a). 11 While the risk panel that evaluated Mr. Dodds found he is a dangerous person, they

12 concluded that his dangerousness does not arise from a mental disease or defect. Thus, Mr. 13 Dodds does not meet the first element of 18 U.S.C. § 4246(a) and cannot be committed to the 14 custody of the Attorney General under 18 U.S.C. § 4246(d). Because this Court has found 15 Mr. Dodds incompetent to stand trial, the Government is left with no option but to move the 16 Court for dismissal of the indictment against Mr. Dodds. Hence, the Government 17 respectfully moves the Court for an order dismissing the indictment in this matter. 18 19 20 21 22 23 24 25 26 27 28 2
Case 2:04-cr-00951-DGC Document 60 Filed 12/18/2006 Page 1 of 1

Respectfully submitted this 18th day of October, 2006.

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