United States District Court, S.D. New York
March 15, 2004.
UNITED STATES OF AMERICA, -against- NINA BAUM, Defendant
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
On January 21, 2004, the Court entered an order directing a competency
examination of the defendant by Dr. Robert Berger based on the
defendant's comments at a conference held on December 22, 2003.
Subsequently, Dr. Berger has advised chambers that the parties dispute
the date as of which competency is to be determined. The defendant
reportedly contends that the examination should cover her present and
past competency while the government reportedly argues that it should be
directed only to her present competency.
The defendant entered a plea of guilty on November 3, 2003 at which
time the Court specifically determined that she was competent to do so.
Tr., Nov. 3, 2003. The issue of competency first arose on December
22, 2003 in connection with preparation for sentencing. Accordingly, the
only question for Dr. Berger is whether the defendant now is suffering
from a mental disease or defect rendering her incompetent to the extent
that she now is unable to understand the nature and consequences of the
proceedings against her or to assist properly in her defense.
The defendant again is directed to cooperate fully with Dr. Berger's
examination or examinations, including without limitation to attend all
scheduled appointments, submit to all equested testing, and to authorize
release of all requested medical records. Any failure to comply with this
and the preceding order of like tenor may result in proceedings to punish
the defendant for contempt of court, which could result in the imposition
of a term of imprisonment among other sanctions.
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