| Victim of
Home Invasion Was Charged With Drugs and
Ammo Now 4 Month Mental Exam
By Matthew
Russell Lee, Patreon Maxwell
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BBC-Guardian
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SDNY COURTHOUSE,
July 11 –
Felix Rodriguez was the victim
of a home invasion of his
Bronx apartment on August 16,
2020. But when the police
came, they found drugs and
ammunition and charged
him.
On April 15, U.S. District
Court for the Southern
District of New York Judge J.
Paul Oetken held an in-person
change of plea proceeding.
Inner City Press went and
covered it, as one of only two
people in the
gallery.
The defense
has a report that Rodriguez is
not competent to be charged.
The US Attorney's Office wants
another opinion, and named a
doctor.
Judge Oetken,
after asking if the order
could or should be docketed,
ordered an examination
pursuant to 18 USC 4247.
On July 8 the US
filed a proposed order, after
a finding of non-competence by
Dr. Cheryl Paradis, to commit
the defendant to a "suitable
facility" for four months for
determine if there is a
substantial probability that
in the foreseeable future the
defendant will attain the
capacity to permit criminal
proceedings to go forward."
On July 11, Judge
Oetken ordered: "ORDER as to
Felix Rodriguez: IT IS HEREBY
ORDERED, pursuant to 18 U.S.C.
§ 4241(d), that the defendant
be committed to the custody of
the Attorney General of the
United States; and it is
further ORDERED, pursuant to
18 U.S.C. § 4241(d)(1), that
the Attorney General shall
hospitalize the defendant as
soon as possible for treatment
in a suitable facility for
such reasonable period of
time, not to exceed four
months, as is necessary to
determine whether there is a
substantial probability that
in the foreseeable future the
defendant will attain the
capacity to permit criminal
proceedings to go forward
against him; and it is further
ORDERED that the Attorney
General shall designate and
transport the defendant to the
suitable facility at which the
defendant will be hospitalized
as expeditiously as possible;
and it is further ORDERED that
a Bureau of Prisons ("BOP")
Federal Medical Center for
prisoners can be a "suitable
facility" under 18 U.S.C. §§
4241(d) and 4247(a)(2); and it
is further ORDERED that the
period for the defendant's
commitment pursuant to 18
U.S.C. § 4241(d)(1) shall
commence upon his arrival at
the suitable facility; and it
is further ORDERED that,
should the suitable facility
find at any time that the
defendant has attained the
capacity to permit criminal
proceedings to go forward
against him, the BOP shall
notify the Court as soon as
practicable; and it is further
ORDERED that, upon the
expiration of 30 days from the
date of this Order, the BOP
shall provide an interim
report to the Court, the
United States Attorney's
Office, and defense counsel
regarding the defendant's
medical and psychological
condition; the diagnosis of
the examiner(s) at the
suitable facility where the
defendant is hospitalized who
are assigned to examine the
defendant; and the view of the
examiner(s) as to prognosis;
and it is further ORDERED that
at the conclusion of the
examination, evaluation, and
treatment of the defendant in
accordance with this Order,
the BOP shall make a report of
its findings as provided by 18
U.S.C. §§ 4247(c)(1), (2),(3),
and (4)(A); and it is further
ORDERED that in evaluating the
defendant and preparing any
and all of the reports
required by this Order, the
examiner(s) at the suitable
facility where the defendant
is hospitalized who are
assigned to examine the
defendant shall consider,
among any other pertinent
materials, the report
referenced in this Order, as
well as any further documents
that the Court may direct, and
that the Government shall, to
the extent necessary, provide
copies of all such documents
to the relevant person(s) at
the suitable facility where
the defendant is hospitalized;
and it is further ORDERED that
the Government ensure that
this Order is provided
promptly to the appropriate
personnel at the BOP and U.S.
Marshals Service so that there
are no undue delays in the
designation and transportation
of the defendant."
The case is US v.
Rodriguez, 21-cr-361 (Oetken)
***
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