Defendants Motion for Psychiatric Evaluation

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

GALVESTON DIVISION

UNITED STATES OF AMERICA             

        v.                                        

           DANIEL YEH                                                    Cause No. G-06-CR-04

MOTION FOR PSYCHOLOGICAL EVALUATION

            Comes now the Defendant, Daniel Yeh, by and through his attorney of record, 

Robert S. Bennett, and respectfully moves this Court, pursuant to Title 18, United States Code, Sections 4241(a), and Federal Rules of Criminal Procedure 12.2(c), for a pre-trial psychiatric examination of the Defendant to determine whether the Defendant is suffering from a mental disease or 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.  In support of this motion Defendant would show the court as follows:

I.

HISTORY AND BACKGROUND

Daniel Yeh’s relevant medical history dates back to 1994, when Daniel Yeh first had a giant frontoparietal temporal convexity meningioma measuring 13 cm. removed by Dr. Robert G. Grossman.  In May 1995, Daniel Yeh had a second tumor removed by Dr. Grossman.  Following the removal of the second tumor, repeated MRI scans revealed essentially unchanged residual tumor over the next few years until April 2003.  At that time, a third tumor was apparent, and an MRI of Daniel Yeh’s brain in January 2006 again revealed a significant interim increase in the size of the tumor.  This tumor was removed on February 21, 2006.

Prior to the removal of the tumor on February 21, 2006, Daniel Yeh was evaluated by Dr. Diane M. Mosnik, Ph. D., Licensed Clinical Neuropsychologist and Assistant Professor at the Baylor College of Medicine.  Dr. Mosnik concluded that in her professional opinion, Daniel Yeh’s frontal lobe damage rendered him incompetent to the extent that she believes Daniel Yeh’s mental condition is such that he lacks the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in his own defense.   This belief is also held by Dr. Robert G. Grossman, M.D., Director, The Neurological Institute and Chairman of the Department of Neurosurgery, Defendant’s neurosurgeon for over ten years, and Dr. Adel Wassef, M.D., Board Certified Psychiatrist.   The reports from Dr. Mosnik, Dr. Wassef, and Dr. Grossman are attached as Defendant’s Exhibits 1A, 1B, and 1C.

II.

BASIS FOR EXAMINATION

Title 18, United States Code Section 4241(a) provides that at any time after the commencement of a prosecution for an offense, and prior to the sentencing of the defendant, the defendant or the attorney for the government may file a motion for hearing to determine the mental competency of the defendant.  The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or 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.  Based on the attached reports from Dr. Mosnik, Dr. Wassef, and Dr. Grossman, the defendant believes that he is entitled to a hearing to determine his mental competency to proceed.

III.

UNITED STATES ATTORNEY’S POSITION

Assistant United Stats Attorney Gregg Costa was contacted regarding this motion.  The government expressed no opinion with regard to Defendant’s request for Psychological Evaluation.  At the present time, no motion in opposition has been filed.  If an examination is ordered, the United States Attorney does not oppose voluntary surrender for the purposes of the examination.

IV.

WHEREFORE, it is respectfully requested that the Defendant be ordered to undergo a psychiatric examination to determine whether he is suffering from a mental disease or defect rendering him incompetent to the extent that he is unable to understand the nature and the consequences of the proceedings against him or to assist properly in his defense.                                               Respectfully submitted,

                                                            THE BENNETT LAW FIRM, P.C.

                                    By:                                                     

                               Robert S. Bennett

                                                                   State Bar No. 02150500

                                                                   515 Louisiana, Suite 200

                                                                   Houston, Texas 77002

                                                                   Tel:  (713) 225-6000

                                                                   Fax: (713) 225-6001

                                                            ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

            I hereby certify that this Motion for Psychological Examination was sent via U.S. mail and facsimile to Gregg Costa, Assistant United States Attorney, 901 Travis, Suite 1500, Houston, Texas 77208, (713) 718-3300, on this 7^th day of March, 2006. 

                                                                                                _______                     

                                                                                    Robert S. Bennett