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United States v. Reed

United States District Court, N.D. Oklahoma

April 10, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
REBECCA LYNN REED, Defendant.

          OPINION AND ORDER

          FRANK H. McCARTHY United States Magistrate Judge

         This matter is before the Court for determination as to the mental competency of Defendant Rebecca Lynn Reed (“Reed”) to stand trial. This issue was raised by defense counsel by formal request for psychiatric evaluation on February 8, 2017 (Dkt. # 19). Reed was evaluated on February 22, 2017, by Curtis T. Grundy, Ph.D., at the David L. Moss Criminal Justice Center in Tulsa (“Grundy”). Grundy submitted his competency evaluation to the Court and to counsel on March 24, 2017 (Dkt. #31). An evidentiary hearing was then conducted on March 29, 2017, with Reed present.

         I. Background

         Reed appeared before this Court on January 31, 2017, for initial appearance on a complaint charging Bank Robbery in violation of Title 18 U.S.C. §2113(a) (Dkt. #1). Indictment charging the same was filed on February 7, 2017 (Dkt. # 17). At the initial appearance, Reed seemed sullen and withdrawn. Family reported a lengthy history of mental health treatment. Following the initial appearance, Reed's attorney, Public Defender William Widell, met with Reed at the jail to gather information related to treatment providers. At that meeting, Reed refused or was unable to cooperate or communicate, demonstrated fear or hostility toward attorney Widell and appeared to be hearing voices. On February 8, 2017, attorney Widell filed a Motion to Determine Mental Competency of Defendant (Dkt. # 19), in which he asserted that Defendant was unable to communicate with him or effectively assist in her defense.

         Following a hearing on Defendant's competency motion, the Court found reasonable cause to believe that Reed was suffering from a mental disease or defect rendering her mentally incompetent to proceed. This conclusion was based upon counsel's representations and the fact that Defendant could not be released from the jail to attend the hearing because she had some form of mental health crisis at the jail which required her to be placed in suicide watch. Accordingly, the Court designated Grundy to examine Defendant and prepare a report pursuant to 18 U.S.C. §4247, as to Reed's competency to stand trial. The report was to address the following:

1. Ms. Reed's history and present symptoms;
2. A description of the psychiatric, psychological, and medical tests that were employed and their results;
3. The examiner's findings;
4. The examiner's opinion as to diagnosis, prognosis; and
5. Thee examiner's opinion regarding whether Defendant is suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense.

(Dkt. # 20).

         II Grundy's Evaluation

         Grundy found that Reed had a long history of mental illnesses as well as a history of inpatient and outpatient psychiatric care at facilities including the following: Tulsa Regional Medical Center (August 2003), Shadow Mountain Behavioral Health Center (July 2003, September 2003, October 2004 and November 2004), California Specialty Hospital (November 2003), Laureate Psychiatric Clinic and Hospital (February 2004, April 2004), and Parkside Hospital (May 2004 and September 2004). Most recently, Defendant was hospitalized at Wagoner Community Hospital from March 15, 2016 through March 31, 2016, with a diagnosis of Unspecified Psychotic Disorder and Schizoaffective Disorder, Bipolar Type. Ms. Reed was last hospitalized at Laureate Psychiatric Clinic and Hospital from April 7, 2016 through April 14, 2016. Her diagnosis at discharge was also Schizoaffective Disorder, Bipolar Type.

         Grundy determined that Reed is suffering from acute and untreated symptoms of mental illness associated with psychosis and mood disturbance. He concluded that “Ms. Reed does not appear to be competent to stand trial” because “She is suffering from a mental disease, schizoaffective disorder, that renders her mentally incompetent to understand the nature and consequences of the proceedings. In addition, her active symptoms render her unable to rationally and properly assist in her defense.” Grundy further concluded that ...


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