United States District Court, D. Minnesota
M. Munoz-Kaphing, United States Attorney's Office, for
David White, White Law Firm, for Defendant.
MEMORANDUM OPINION AND ORDER
RICHARD NELSON, United States District Judge
matter is before the Court for consideration of Defendant
Richard Dean Wilson, Jr.'s Objection/Appeal [Doc. No. 58]
from the March 12, 2018 Order of Magistrate Judge Leo I.
Brisbois [Doc. No. 56] (“Order”). Defendant filed
a Motion for Competency Evaluation [Doc. No. 21], which the
magistrate judge granted. (Order dated May 1, 2017 [Doc. No.
27].) After an evidentiary hearing, the magistrate judge
found Defendant competent to stand trial under 18 U.S.C.
§ 4241(d). Defendant has appealed that decision to this
Court. For the reasons set forth below, the Court will
overrule Defendant's Objection/Appeal and adopt the Order
in its entirety.
magistrate judge's Order documents the relevant factual
and procedural background of this case, and the Court
incorporates it by reference. The Court also summarizes the
most relevant facts below.
is a person with a mental illness or cognitive impairment
that limits his ability to be self-sufficient. (Tr. [Doc. No.
51], at 44-45.) For this reason, he has been assigned a
caseworker through Adult Rehabilitative Mental Health
Services (“ARMHS”). (Id. at 12.)
Defendant has also been found eligible for Supplemental
Security Income (“SSI”) due to the following
severe impairments: social phobia, generalized anxiety
disorder, and major depressive disorder. (Def.'s Ex. 2
(SSI Decision, at 3).)
last year, Defendant was arrested and charged with criminal
sexual conduct in Minnesota State District Court. Attorney
James Hughes was appointed as his counsel, and met with him
for approximately an hour on March 10, 2017. (Tr., at 15,
17.) During the meeting, Hughes became concerned that
Defendant was not making eye contact, spoke very softly, and
fidgeted, and that it was “not clear” whether the
material he was trying to discuss with Defendant “was
clicking.” (Id. at 9-10, 20.) Hughes moved for
an evaluation of Defendant's mental competency to stand
trial, and the Minnesota State District Court granted the
motion and ordered an evaluation. (Id. at 10, 28.)
Hughes received a referral to Dr. Gerald Henkel-Johnson, whom
the court ordered to complete an evaluation of
Defendant's mental capacity to stand trial, as well as
his criminal responsibility. (Id. at 24-25, 40;
Def.'s Ex. 4 (Henkel-Johnson Report).)
the same time, Defendant was charged in this Court with
possession, production, and distribution of child
pornography, as well as sexual exploitation of a child.
(Compl. [Doc. No. 4]; Indictment [Doc. No. 13].) Defendant
filed a Motion for Competency Evaluation on April 24, 2017,
and the magistrate judge granted it. (Order dated May 1, 2017
[Doc. No. 27].) The magistrate judge ordered Defendant
committed to a suitable Federal Medical Center, and Defendant
was transferred to the Metropolitan Correctional Center in
Chicago, where he was evaluated by Dr. David Szyhowski.
(Id.; Gov't's Ex. 1 (Szyhowski Report).)
Dr. Szyhowski completed his evaluation, Defendant requested
an evidentiary hearing to determine competency. Defendant
also requested an additional evaluation by a
neuropsychologist. The magistrate judge granted both
requests, and Dr. Norman Cohen conducted a neuropsychology
evaluation. (Order dated Oct. 13, 2017 [Doc. No. 42].)
Mental Health Evaluations
separate mental health evaluations were submitted for the
magistrate judge's consideration in this case. The first
was completed by Drs. Lindsay Kujawa and Donald Farnsworth on
March 6, 2017, shortly before Defendant was arrested, as
“an evaluation of his cognitive and psychological
functioning” for Defendant's application for SSI
benefits. (Def.'s Ex. 1 (Kujawa/Farnsworth Report, at 1,
17).) Though the Kujawa/Farnsworth Report was not prepared
for the purposes of determining competence, some of the
findings are applicable here.
report cautioned that Defendant's “complex symptom
presentation, which cuts across diagnostic category, ”
was “the single biggest challenge” in his
evaluation. (Id. at 14.)
Kujawa/Farnsworth Report diagnosed schizotypal personality
disorder, which included a tendency to “misinterpret
reality or to have distorted perceptions, ” “odd
beliefs and magical thinking, ” and paranoia.
(Id.) The Report also diagnosed social anxiety
disorder, causing Defendant to assume that “others will
negatively judge him and be aware of his perceived
flaws.” (Id.) The Kujawa/Farnsworth Report
rejected Defendant's expressed concern that he suffered
from Fetal Alcohol Syndrome (“FAS”), because his
mother stated that she did not utilize drugs or alcohol
during the pregnancy, and Defendant had “met all
developmental milestones.” (Id. at 15.) Among
the tests that Drs. Kujawa and Farnsworth applied was a
Wechsler Adult Intelligence ...