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United States v. Wasik

United States District Court, District of Columbia

July 25, 2013

UNITED STATES OF AMERICA
v.
KRZYSZTOF WASIK, Defendant

For KRZYSZTOF WASIK, Defendant: Tony W. Miles, LEAD ATTORNEY, FEDERAL PUBLIC DEFENDER FOR D.C., Washington, DC.

For USA, Plaintiff: Frederick Walton Yette, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Criminal Division, Washington, DC.

OPINION

Page 176

MEMORANDUM OPINION

DEBORAH. A. ROBINSON, United States Magistrate Judge.

On July 15, 2013, Defendant, through counsel, orally moved to dismiss this matter, contending that the government failed to file an indictment in accordance with the Speedy Trial Act, 18 U.S.C. § 3161, et seq . The court heard argument with respect to Defendant's motion on July 15 and July 16, 2013, and denied the motion in a ruling from the bench. The court now sets forth its findings in greater detail.

BACKGROUND

Defendant Krzysztof Wasik is charged by criminal complaint with threatening and conveying false information concerning the use of an explosive, in violation of 18. U.S.C. § 844(e). Criminal Complaint (Document No. 1). The government alleges that Defendant approached a United States Secret Service Officer outside of the White House, told her that he had a bomb in his truck, and refused to tell her additional information unless he was permitted to speak with the President. Statement of Facts in Support of Complaint (Document No. 1-1). Defendant appeared before the undersigned for an initial appearance on April 10, 2013. Upon motion by Defendant's counsel, the court ordered a preliminary competency screening of Defendant pursuant to Title 24, Section 531.03, of the District of Columbia Code.

The District of Columbia Department of Mental Health completed the examination on April 11, 2013, and advised the court through its written report that Defendant is incompetent to stand trial. Thereafter, at a status conference conducted on April 12, 2013, counsel for Defendant moved for a further examination, pursuant to 18 U.S.C. § 4241, which the undersigned granted. On the record at the status hearing, counsel for the government requested that the time for the evaluation be excluded from computation under the Speedy Trial Act. Defendant made no objection, and the court found that the period of time from April 12 through June 5, 2013 was excluded under the Act.

Defendant was transported to the Federal Bureau of Prisons' Federal Medical Center Devens, and arrived there on April 25, 2013. See May 9, 2013 Letter (Document No. 3). The evaluation concluded on June 14, 2013, and the examiners issued the forensic report on June 19, 2013. The examiners advised that Defendant is not competent at this time, and recommended that he be committed for further evaluation and treatment for restoration of competency. Counsel represent that Defendant left the Devens facility on June 28, 2013, and arrived at the District of Columbia jail on July 10, 2013. See Government's Opposition to Defendant's Motion to Dismiss the Complaint (" Opposition" ) (Document No. 4) ¶ 11.

Defendant appeared before the undersigned for a consolidated preliminary hearing and detention hearing on July 15, 2013; however, the court conducted a status hearing instead, after Defendant, through counsel, orally moved to dismiss this matter under the Speedy Trial Act. The court heard argument, and continued the status hearing to July 16, 2013. In doing so, the court, on its own motion, excluded one day under the Speedy Trial Act, finding, for the reasons set forth on the record, that it was in the interest of justice to do so. After hearing additional argument with respect to the motion on July 16, 2013, the court denied Defendant's motion.

CONTENTIONS OF THE PARTIES

In moving to dismiss, Defendant, through counsel, argued ...


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