United States District Court, D. Colorado
VIRGINIA L. GRADY Federal Public Defender TIMOTHY P.
O'HARA Assistant Federal Public Defender Attorney for
DEFENDANT'S UNOPPOSED MOTION FOR ORDER
counsel, Timothy P. O'Hara, Assistant Federal Public
Defender, respectfully moves this Court to determine the
competency of Mr. Hines pursuant to 18 U.S.C. § 4241(a).
The Motion is unopposed by the government.
April 11, 2019, the probation department filed a document
entitled “Second Superseding Petition for Warrant on
Person Under Supervision.” See Doc. 146.
April 12, 2019, an arrest warrant was issued. See
Doc. 148. That same day, Mr. Hines was arrested. See
April 18, 2019, Mr. Hines appeared before the Honorable
Magistrate Judge N. Reid Neureiter. Magistrate Judge
Neureiter continued the present matter for a Detention
Hearing and Preliminary Hearing to be held on April 22, 2019.
See Doc. 155.
April 22, 2019, the parties began the Preliminary Hearing and
Detention Hearing before Magistrate Judge Neureiter.
See Doc. 157. After a lengthy hearing, including the
testimony of the United States Probation Officer supervising
Mr. Hines, the matter was continued until April 24, 2019.
April 24, 2019, the parties appeared before Magistrate Judge
Neureiter again and continued the Preliminary Hearing and
Detention Hearing. At that time, Magistrate Judge Neureiter
ordered that Mr. Hines be released to a halfway house in
Denver “once bed space is available.”
See Doc. 158 & 160.
May 16, 2019, undersigned counsel filed a Motion to Reopen
the Detention Hearing Pursuant to 18 U.S.C. § 3142(e)
because halfway house bed space had not become available.
See Doc. 167. On May 17, 2019, Magistrate Judge
Neureiter set the present case for a Motion Hearing on May
28, 2019. See Doc. 172.
May 29, 2019, the parties again appeared before Magistrate
Judge Neureiter. See Doc. 177. The parties examined
two witnesses, one of whom was Ms. Andrea Gonzales, the
former director of the Independence House. See Id.
At the conclusion of the hearing, Magistrate Judge Neureiter
denied undersigned counsel's request to release Mr. Hines
on conditions other than to the halfway house in Denver.
Magistrate Judge Neureiter reissued the detention order until
a halfway house in Denver accepted Mr. Hines'
placement. See id.
Undersigned counsel has reviewed the following materials: Mr.
Hines' mental health history,  the records generated
following his recent mental health treatment, and his
multiple pro se filings. Undersigned counsel has
spoken with Mr. Hines on a number of occasions since April
22, 2019, both by phone and in person.
Undersigned counsel has reason to believe that Mr. Hines may
be suffering from a mental disease or defect that could be
rendering him mentally incompetent to the extent that he is
unable to understand the nature and consequences of the
proceedings against him and/or unable to assist properly in
his defense. The privilege between attorney and client
prevent further disclosure.
Based on the aforementioned concerns, including Mr. Hines own
concern, undersigned counsel requests the Court to order a
psychiatric or psychological evaluation for purposes of
determining competency to undergo post-release proceedings
pursuant to 18 U.S.C. § 4241(a).
ordered, the examination shall be conducted by a licensed or
certified psychiatrist or psychologist and the examiner shall
be designated by the Court. See 18 U.S.C. §
4247(b). Undersigned counsel requests that the Court
specifically designate Dr. Susan Bograd to
examine Mr. Hines. ...