United States District Court, D. Colorado
Fisher-Byrialsen Jane Fisher-Byrialsen, Esq. Fisher &
Byrialsen, PLLC Attorney for Mr. Brandon Lanking
UNOPPOSED MOTION FOR COMPETNECY EVALUATION
Lanking, by and through his counsel, Jane Fisher-Byrialsen,
hereby moves this Court for an Order authorizing a
psychiatric or psychological examination of Mr. Lanking by a
certified psychiatrist of psychologist for the purpose of
determining whether he suffers from a mental disease or
defect, and to thereafter set a hearing to determine his
competency to proceed, pursuant to 18 U.S.C. Section 4241(a),
(b) and (c), and 18 U.S.C. Section 4247(b) and (c). In
support thereof, Mr. Lanking states as follows:
Factual Evidence of Competency Concerns
counsel has met with Mr. Lanking on many occasions. Based on
undersigned counsel's interactions with Mr. Lanking, as
well as reports regarding Mr. Lanking's interactions with
undersigned counsel's paralegal, investigator and
mitigation specialist, counsel has reason to believe that Mr.
Lanking is suffering from a mental disease or defect that
could render him mentally incompetent to the extent that he
is unable to fully understand the nature and consequences of
the proceedings against him or to be able to assist properly
in his own defense. This concern has been bolstered by the
review of the medical reports obtained by counsel from the
various Colorado State Department of Corrections facilities
where Mr. Lanking has been house. Additionally, at undersigned
counsel's request, Mr. Lanking was examined by Dr.
Jeffrey C. Rouse, M.D. a forensic psychiatrist, for 12 hours
over a span of two days. Dr. Rouse found in no uncertain
terms that Mr. Lanking was not competent. Furthermore,
undersigned counsel received a telephone call from an agent
with the United States Marshall Service, who oversaw the
moving of Mr. Lanking from one location to another. That U.S.
Marshall described to me an instance in which they attempted
to move Mr. Lanking from Denver County Jail to the Douglas
County jail as follows: When the U.S. Marshall came to Mr.
Lanking's cell to inform him he was being moved from
Denver County Jail to Douglas County Jail, Mr. Lanking
refused to go with them. Mr. Lanking persisted in his refusal
for some time. Eventually, Mr. Lanking reportedly ripped off
all this clothing and sat naked in the corner of his cell
next to the toilet, Mr. Lanking rocked himself and was crying
while he wrapped his feet in toilet paper.
privilege and confidences prevent further disclosures.
However, given counsel's concerns based on personal
observations and based further on a review of Mr.
Lanking's records, Dr. Rouse's findings, and the
incident described by the United States Marshall, the defense
requests the Court to order a psychiatric or psychological
evaluation for purposes of determining competency.
Requests for Evaluation
to 18 U.S.C. Section 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 is appropriately sought pursuant to
the provisions of the same statute.
to 18 U.S.C. Section 4247(c), counsel further requests the
Court to direct the preparation of a written report and that,
once completed, copies of the report be delivered
directly to undersigned counsel, Assistant United
States Attorney Kurt Bohn, and this Court.
also requests that the Court order counsel to contact
Chambers to set a date for a hearing on Mr. Lanking's
competency once the report has been delivered to all parties.
counsel requests that the Court order that, unless
impracticable, the psychiatric and psychological examination
be conducted in a suitable facility closest to the Court.
counsel has conferred with AUSA Kurt Bohn, who has no
objection to this motion.
 At his most recent detention facility
Mr. Lanking was prescribed 40 mg of Prozac and 200 mg of