USA v. Burgess et al

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CR-08-078-JHP
)
TRUMAN LEON BURGESS, a/k/a, 	)
TRUMON LEON BURGESS, 	and 	)
JACK JAMES, 	)
)
Defendants. 	)
O R D E R
This matter comes before this Court on the Defendant’s Motion Pursuant to 18
U.S.C. § 4241 (Determination of Mental Competency to Stand Trial and Assist in
Defense) filed by Defendant’s counsel, Janice W. Purcell, on January 22, 2009
(Docket Entry #49). 	Ms. Purcell has raised concerns about the defendant’s
competency to stand trial and requests this Court to order psychological and
psychiatric examinations of the defendant pursuant to 18 U.S.C. § 4241. This Court
also notes the government has filed a response to defendant’s motion indicating the
government does not oppose the requested evaluation. After considering the motion
and all other pleadings, this Court finds the Defendant’s Motion for Competency
Evaluation (Docket Entry #49) should be granted and the Defendant should receive
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a psychological examination for the purpose of determining his competency to stand
trial.
IT IS THEREFORE ORDERED that the Defendant’s Motion for Competency
Evaluation filed by Defendant’s counsel, Janice W. Purcell, on January 22, 2009
(Docket Entry #49) is hereby GRANTED. Accordingly, pursuant to 18 U.S.C. §§
4241 and 4247(b), this Court hereby orders:
1. 	That a Federal Medical Center for Prisoners shall be
designated and shall promptly examine this Defendant,
pursuant to 18 U.S.C. § 4241, to determine whether he is
suffering from a mental disease or defect rendering him
mentally incompetent:
a. 	to the extent that he is unable to understand the
nature and consequences of the proceedings against
him; or
b. 	to properly assist in his own defense; and
2. 	The United States Marshal’s Service shall, pursuant to 18 U.S.C. §§
4241 and 4247(b), transport the Defendant, Truman Leon Burgess, to
the designated facility for this examination and shall return Defendant
following the examination; and
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3. 	After completing the examination, the designated facility
shall file a psychiatric report on the Defendant with this
Court, pursuant to 18 U.S.C. § 4247, a copy of which shall
be provided to the Defendant.
IT IS FURTHER ORDERED that the Defendant, Truman Leon Burgess, and
the United States Probation Office for this District shall make available to the
designated facility any records, reports, or other documents in their possession which
pertain to this Defendant. 	Further, Defendant’s counsel shall cooperate with the
designated facility in the processing of the examination.
IT IS FURTHER ORDERED that any periods of delay resulting from these
proceedings are excluded under the provisions of the Speedy Trial Act, 18 U.S.C. §
3161(h)(1)(a).
In light of the Court’s order, the jury trial in this matter currently set on
February 2, 2009 is hereby STRICKEN, to be reset as necessary following the Court’s
determination as to Defendant’s competency to stand trial.
IT IS SO ORDERED this 30th day of January, 2009.
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