U.S. District Court, Northern District of N.Y. Case Summaries:

Daily Record (Rochester, NY), Oct 7, 2008

U.S. District Court, Northern District of N.Y.

Competency

U.S. v. Vejvoda

08-CR-240

Judge Scullin

Background: In May, the government filed a motion for a hearing to determine the defendant's mental competency. The government based its motion on the defendant's long history of addiction and mental illness, as well as his conduct when he was arrested and held in the Eastern District of New York. Based on observations of the defendant's behavior at his initial appearance, the magistrate judge granted the motion. A psychological examination was conducted and, after receiving the report, the magistrate judge found the defendant was not competent to stand trial based on his inability to assist with his defense.

Ruling: The magistrate's findings are adopted and the defendant is entrusted to the custody of the attorney general for hospitalization and treatment in a suitable facility, not to exceed four months, to determine whether there is a substantial probability that the defendant will attain the capacity to permit the proceedings to go forward.

Melissa Tuohey, Office of the Federal Public Defender, for the defendant and Michael Olmsted, assistant U.S. sttorney, for the United States