The opinion of the court was delivered by: Sporkin, District Judge.
This matter comes before the Court on the issue of Defendant
Anual Rudisill's competency to stand trial. On November 16, 1995,
Rudisill was charged on a three count indictment for violation of
18 U.S.C. § 1951(a), 924(c), 922(g), and 924(e), based on his
arrest on October 20, 1995, as one of three suspects in the armed
robbery of a check cashing store. On October 27, 1995, Rudisill
was ordered committed to the custody of the Attorney General for
pretrial detention, and was incarcerated at the Central Detention
Facility of the D.C. Department of Corrections pending further
On October 31, 1995, while incarcerated at the D.C. jail,
Rudisill was brutally attacked by eight other inmates. He
sustained gross head and facial trauma, including
a retro bulbar hematoma, six fractures to the left frontal sinus,
an orbital fracture, and brain swelling. Rudisill was admitted to
D.C. General Hospital where he remained in a comatose state for
approximately one month. On January 22, 1996, Rudisill was
transferred to the National Rehabilitation Hospital's Brain
Injury Unit, where he remained until the Court, on April 17,
1996, ordered his release to his mother's custody for continued
medical care on an outpatient basis.
Based on Rudisill's injuries, the Court, in accordance with
18 U.S.C. § 4241(a), 4241(c), and 4247(d), held several hearings to
determine whether Rudisill was competent to stand trial. By its
Memorandum Opinion and Order dated April 28, 1998, the Court
concluded that Rudisill had the mental capacity of a child of
tender years and that by a preponderance of the evidence Rudisill
was not mentally competent to stand trial at that time. On
September 10, 1998, the Court committed Rudisill to the custody
of the Attorney General pursuant to 18 U.S.C. § 4241(d) to
determine whether there was a substantial probability that he
would attain the mental capacity to stand trial in the
Rudisill was admitted to the Federal Correctional Institution
at Butner, North Carolina ("Butner"). He was evaluated over the
course of approximately 30 days and then released on October 9,
1998 back to the custody of his mother. On October 16, 1998, Dr.
Sally Johnson, acting warden at Butner, filed a Certificate of
Restoration of Competency to Stand Trial. As reported in their
Forensic Evaluation of Rudisill, Dr. Johnson and Dr. Edward
Landis of Butner found that Rudisill suffered from mild
neurocognitive disorder and some pre- and post-trauma amnesia but
that he was, in their opinion, mentally competent to stand trial.
Although Rudisill appeared confused on matters relating to his
criminal charges, Drs. Johnson and Landis explained that
Rudisill's confusion was actually evidence of malingering and
evasiveness and did not militate against their finding that
Rudisill was mentally competent to stand trial.
On November 3, 1998, on the basis of the report by Drs. Johnson
and Landis, the Government filed a Motion for Determination of
the Defendant's Competency to Stand Trial Pursuant to
18 U.S.C. § 4241(e). In its motion, the Government stated that since Drs.
Johnson and Landis concluded that Rudisill was found competent to
stand trial, the only remaining issue was whether his pre- and
post-trauma amnesia made him otherwise incompetent to stand
trial. The Government contended that Rudisill's amnesia was not a
sufficient legal basis to reverse the finding of mental
On January 27, 1999, the Court ordered Rudisill to submit to
additional medical and psychiatric evaluations because the Court
faced conflicting evaluations. Dr. Roy Coleman, staff
psychiatrist at St. Elizabeth's Hospital, had examined Rudisill
on prior occasions. Earlier in these proceedings, he testified
before the Court offering his opinion that Rudisill was not
competent to stand trial.
Pursuant to court order, Rudisill was examined by Dr. William
Garmoe of the National Rehabilitation Hospital ("NRH") on January
5, 13, and 14, 1999, by Dr. Andrew McCarthy of NRH on February
10, 1999, and again by Dr. Coleman on February 18, 1999. Dr.
Garmoe found that Rudisill continues to exhibit severe cognitive
impairment. He diagnosed Rudisill as suffering from dementia due
to head trauma. Dr. McCarthy like Dr. Garmoe disputed the
ultimate conclusions of Drs. Johnson and Landis. He diagnosed
Rudisill as suffering from moderate to severe cognitive
Pursuant to 18 U.S.C. § 4241(e), on March 2, 1999, the Court
held a hearing to determine whether Rudisill had the mental
competency to stand trial and, if not, whether he would be
mentally competent to stand trial in the foreseeable future. At
the hearing, the Court reviewed the written evaluations of Drs.
Johnson and Landis, Garmoe, and McCarthy.*fn1 The Court heard
the testimony of Dr. Coleman, Rudisill's mother Pearl Rudisill,
and Rudisill. Dr. Coleman testified regarding his four separate
examinations of Rudisill, conducted on July 11, 1996, December 5,
1996, February 12, 1998, and February 18, 1999, and stated that
he did not find Rudisill competent to stand trial. Dr. Coleman
concluded that Rudisill has severe cognitive impairment. He found
only limited improvement between his February 12, 1998 and
February 18, 1999 evaluations and contrary to Dr. Johnson he
found no evidence of intentional exaggeration of symptoms. Dr.
Coleman noted that Rudisill now has a different personality and
no longer had the "violent" personality he had before his attack.
Dr. Coleman testified that Rudisill at trial would not be able
to testify on his own behalf. He stated Rudisill could not
understand the concept of a plea bargain, even though, to some
degree, he could possibly understand the charges against him. Dr.
Coleman concluded that it was unlikely that Rudisill would ever
become mentally competent to stand trial.
Pearl Rudisill, who has served as Rudisill's custodian during
his home confinement, testified regarding her son's daily
activities. She said Rudisill could not drive an automobile. She
stated he can pick out his clothes although they are not always
coordinated. On a daily basis Rudisill watches television news
and children's programs and reads portions of the newspaper. Mrs.
Rudisill only permits her son to walk one block from the house
The Court also interviewed Rudisill. It is obvious from his
response to questions Rudisill clearly suffers from numerous
speech and motor impairments. Rudisill had difficulty expressing
himself and often resorted to symbols or hand gestures to aid
him. Rudisill was able to explain that he knew he had been in
prison although he did not know why and that he knows he used
illegal drugs before but does not currently use them. He has
absolutely no recollection of the facts underlying the charges
It appears from the record that the remaining suspects in the
underlying case have not been identified and therefore ...