United States District Court, D. Colorado
E. JOHNSON Attorney for Defendant
DEFENDANT'S SECTION 4241(a) MOTION FOR ORDER
AUTHORIZING PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION PURSUANT
TO SECTION 4241(b) FOR THE PURPOSE OF DETERMINING
Jessica L. Ciccocioppo, by and through undersigned counsel,
hereby moves this Court for an Order authorizing a
psychiatric or psychological examination of the defendant by
a licensed or certified psychiatrist or psychologist for the
purpose of determining the mental competency of the
defendant, and to thereafter set a hearing to determine her
competency to proceed, pursuant to 18 U.S.C. § 4241(a),
(b) and (c), and 18 U.S.C. §4247(b) and (c). In support
thereof, the defense states as follows:
Ciccocioppo is charged with one count of violating 18 U.S.C.
§ 1038(a)(1), false information and hoaxes. On August
17, 2016, Ms. Ciccocioppo entered a plea of not guilty to the
charge. Ms. Ciccocioppo is detained without bond.
December 8, 2016, a status conference was held in this case.
See Doc. No. 32. Ms. Ciccocioppo was not present for
that conference, as she declined to come to court. At that
conference, this Court inquired about Ms. Ciccocioppo's
competency to proceed. See 18 U.S.C. § 4241(a).
Counsel explained to the Court that, at that time, he did not
wish to raise the issue of whether Ms. Ciccocioppo was
competent to proceed; he similarly requested the Court not,
on its own, order an evaluation to determine competency.
Id. Counsel assured the Court he was working
diligently on Ms. Ciccocioppo's case.
Subsequent to the December 8 conference, and as discussed at
that time, Ms. Ciccocioppo filed a second Ends of Justice
continuance motion. See Doc. No. 33.
granting that motion, this Court summarized:
The Court has independently become concerned with
Defendant's mental health status to the point where
serious consideration was given to a competency hearing
initiated by the Court. After discussing the matter with
counsel at the Status Conference on December 8, 2016 (ECF No.
32), the Court determined that a further ends of justice
continuance was best both for counsel's preparation
efforts and for completion of those analyses which will
assist the Court in determining whether competency issues
Doc. No. 34.
Trial in this case is currently set for March 20, 2017.
this time, counsel believes he has an ethical responsibility
to bring the instant motion pursuant to 18 U.S.C. §
4241(a). Based upon Ms. Ciccocioppo's documented history
with mental health concerns, ongoing interactions and
conversations with Ms. Ciccocioppo, and information learned
during the course of representing Ms. Ciccocioppo, counsel
has reason to believe that Ms. Ciccocioppo may be suffering
from a mental disease or defect rendering her mentally
incompetent to the extent that she is unable to assist
properly in her defense. See 18 U.S.C. §
4241(a). The defense requests the Court to order an
examination of Ms. Ciccocioppo by a licensed or certified
psychiatrist or psychologist for purposes of determining
competency. 18 U.S.C. § 4241(b).
Pursuant to 18 U.S.C. §§ 4241(b), 4247(b), and for
the purposes of conducting this examination, counsel requests
that the defendant be committed to the custody of the United
States Attorney General for a reasonable period not to exceed
30 days, unless an extension, not to exceed 15 days, is
appropriately sought. 18 U.S.C. § 4247(b). Per statute,
this examination must, unless impracticable, be conducted in
a suitable facility closest to the court. Id.
Pursuant to 18 U.S.C. § 4247(c), counsel further
requests the Court to direct the preparation of a written
report that complies with Section 4247(c), and once
completed, copies of the report be delivered directly to
undersigned counsel, the ...