Free Motion for Reconsideration - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14

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 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, by and through its attorneys undersigned, hereby GOVERNMENT'S MOTION TO RECONSIDER

15 moves this Court to reconsider its March 27, 2006, order wherein it found defendant 16 incompetent to stand trial. 17 On March 15, 2006, this Court held a competency hearing pursuant to 18 U.S.C.

18 §4241(c). By order filed March 27, 2006, this Court concluded "by a preponderance of the 19 evidence that Mr. Dodds `is unable to understand the nature and consequences of the 20 proceedings against him and to assist properly 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 While in the custody of the Attorney General in Butner, North Carolina, Mr. Dodds

28 was evaluated by Dr. Robert G. Lucking, Staff Psychiatrist, with psychological consultation provided by Dr. Angela Walden Weaver, Staff Psychologist. Dr. Lucking presented Mr.
Case 2:04-cr-00951-DGC Document 54 Filed 10/24/2006 Page 1 of 3

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. 9 Given the risk panel's assessment of Mr. Dodds, coupled with Dr. Lucking's April 6,

10 2005, report wherein he opined that Mr. Dodds is able to understand the proceedings against 11 him and to assist properly in his defense, the government respectfully requests this Court 12 reconsider its March 27, 2006, order wherein it found defendant incompetent to stand trial. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Case 2:04-cr-00951-DGC Document 54 Filed 10/24/2006 Page 2 of 3

Respectfully submitted this 24th day of October, 2006.

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

1 2 3 4
Sherry Bell

CERTIFICATE OF SERVICE
I hereby certify that on October 24, 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:

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
Case 2:04-cr-00951-DGC Document 54 Filed 10/24/2006 Page 3 of 3 s/Bill C. Solomon