The opinion of the court was delivered by: DONALD WILKERSON, Magistrate Judge
This matter is before the Court on the Motion to Determine
Competency to Stand Trial pursuant to18 U.S.C. §§ 4241(a) filed
by the Plaintiff, United States of America, on October 13, 2005
(Doc. #3) and the Defendant's Response To Government's Motion to
Determine Competency (Doc. #6). The Court construes the
Government's motion to be a motion to determine competency and
a motion to determine Defendant's sanity at the time of the
commission of the crime. For the reasons set forth below the
Motion to Determine Competency to Stand Trial and to Determine
Sanity pursuant to18 U.S.C. §§ 4241(a) and 4242(a) is GRANTED.
The Defendant is charged in an indictment with two counts of
threatening use of weapons of mass destruction. On October 11,
2005, this Court held an initial appearance, arraignment, and
detention hearing for the Defendant. At the hearing the following
evidence was presented to the Court:
On September 2, 2005, the Defendant was interviewed at the
Collinsville (Illinois) Police Department by F.B.I. Special Agent
Matthew J. Iskrezycki. Special Agent Iskrezycki was assigned to the Joint Terrorism Task Force (JTTF). The Defendant
was, at the time of the interview, detained by the Collinsville
Police on a charge of possession of a stolen automobile. When
interviewed by Special Agent Iskrezycki, the Defendant stated
that he was in the St. Louis area to "take care of" the Arch. He
stated he had bombs about the size of walkie-talkies at the
Adam's Mark Hotel in downtown St. Louis, Missouri. He further
stated that he had already delivered four bombs to individuals in
the St. Louis area.
The authorities searched the Defendant's room at the Adam's
Mark Hotel. No bombs or bomb making material were found. When
told by the authorities that no bombs had been found in his hotel
room, the Defendant stated that he had made up the story because
he wanted to be deported to Kenya.*fn1
Further, the evidence produced at the hearing on October
11th indicated that in April of 2005, the Defendant had
contact with a JTTF in San Antonio, Texas. According to Special
Agent Iskrezycki, the Defendant had threatened to blow up a
Northwest Airlines plane traveling from Minneapolis to London.
Because of that threat, the Defendant was placed on a "no fly
list" as a precautionary measure. Moreover, during that time, the
Defendant claimed to be associated with a subgroup of Al Quaeda.
At the hearing, the Defendant reported to the Court that he was
currently under the care of a psychiatrist for acute depression.
The Defendant reported that he takes Zoloft and Zuprexa for his
depression. The Defendant's father confirmed his statements and
further said that his son does not take his medication on a
regular basis. DISCUSSION
The Government moves the Court to issue an order requiring the
determination of whether the Defendant is competent to stand
trial pursuant to 18 U.S.C. § 4241. The Defendant concurs with
the Government's request. Based on the evidence heard at the Oct.
11th hearing, the Court FINDS reasonable cause to believe
that the Defendant, Micah A. Akumu, may presently be suffering
from a mental defect rendering him mentally incompetent to the
extent that he is unable to understand the nature and
consequences of the proceedings against him or to assist properly
in his defense. Therefore, pursuant to 18 U.S.C. § 4241(b), the
Court ORDERS that a examination be conducted to determine
whether the Defendant is competence to stand trial.
In his response to the Government's motion, the Defendant
further asks this Court to order an evaluation to determine if
the Defendant was sane at the time of the alleged offense. The
Government has no objection to requiring such a determination.
18 U.S.C. § 4242 states that if a Defendant files a notice pursuant
to Federal Rule of Criminal Procedure 12.2, the Court may order a
sanity determination upon motion by the Government. While the
Defendant has filed the necessary Rule 12.2 notice, the motion
for a sanity determination was made by the Defendant and not the
Government. However, as the Government has no objection to such a
sanity determination, the Court is construing the Government's
motion as a motion under § 4242(a), in addition to § 4241, thus
meeting the filing requirements of § 4242(a). The Court GRANTS
the Government's motion for an order requiring the examination of
the Defendant, to determine if he was sane at the time of the
alleged offense. Accordingly and in summary, it is hereby ORDERED that,
pursuant to 18 U.S.C. § 4241, § 4242 and § 4247:
? A psychiatric/psychological evaluation SHALL be
conducted on Micah A. Akumu by a licensed or
certified psychiatrist or psychologist at a suitable
facility designated by the United States Attorney
General or his representative.
? Micah A. Akumu is committed to the custody of the
United States Attorney General or his representative
for transportation to, placement in, and evaluation
in a suitable facility.
? The evaluation shall be completed within 45 days,
unless an extension of time is sought from (and
granted) by this Court, under 18 U.S.C. § 4247(b).
The 45 day period shall not commence until Micah A.
Akumu physically arrives in the facility designated
for his evaluation. The director of the facility may
apply for a reasonable extension not to exceed thirty
(30) days, upon a showing of good cause the
additional time is necessary to observe and evaluate
? The psychiatrist or psychologist shall prepare a
report of his findings, furnish the report to
counsel, and file the report with the Court. The
Court will set a hearing on Micah A. Akumu's
competency to stand trial after receipt of ...