============ 27-CR-18-18391 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-18-18391_Finding of Incompetency and Order_2023-06-06_20240430092721.pdf ===== --- meta case_number: 27-CR-18-18391 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2023-06-06 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 06, 2023 6:13 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391, 27-CR-19- State of Minnesota, 1916, 27-CR-19-3539, 27-CR-19-17539, 27- CR-21-22058 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Aesha Ibrahim Osman, COMPETENCY Defendant. This matter came before the undersigned Referee/Judge of District Court on June 6, 2023. The hearing was held remotely using the Zoom internet platform. Chris Freeman, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/13/1998), was charged in MNCIS file 27-CR-18-18391 with Assault 5th Degree-2 (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault-5th Degree (Felony) and Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS file 27-CR-19-17539 with Assault-5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; and in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021. In the latter case, on December 1, 2022, Judge Nicole Engisch found probable cause to believe that the offense was committed and that Defendant committed it. 2. On April 4, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Kahn, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/005 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of 3 ===== PAGE 004/005 ===== this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is December 5, 2023. One 4 ===== PAGE 005/005 ===== week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; c. Atif Kahn, Assistant Hennepin County Public Defender d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-18-18391 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-18-18391_Finding of Incompetency and Order_2024-03-20_20240430092713.pdf ===== --- meta case_number: 27-CR-18-18391 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2024-03-20 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 20, 2024 12:27 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391; 27-CR-19- State of Minnesota, 1916; 27-CR-19-3539; 27-CR-19-17539; 27- CR-21-22058; 27-CR-23-22062; 27-CR-24- Plaintiff, 4893 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Aesha Ibrahim Osman, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on March 19, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/03/1998), was charged in MNCIS file 27-CR-18-18391 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault – 5th Degree (Felony) and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS 27-CR-19-17539 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021; in MNCIS file 27-CR-23- 22062 with Assault – 2nd Degree (Felony), Burglary – 1st Degree (Felony), and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on July 27, 2023; and in MNCIS file 27-CR-24-4893 with Assault – 4th Degree (Felony), Assault – 4th Degree (Felony), and Assault – 5th Degree (Misdemeanor) arising from an incident alleged to have occurred on February 27, 2024. ===== PAGE 002/005 ===== 2. The Court previously entered a finding of incompetent to stand trial in each of the referenced cases. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 2, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender (atif.khan@hennepin.us); c. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-18-26530 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-18-26530_Finding of Incompetency and Order_2023-05-24_20240430093352.pdf ===== --- meta case_number: 27-CR-18-26530 defendant: WILLIAM LEE NABORS filing_type: Finding of Incompetency and Order filing_date: 2023-05-24 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 24, 2023 9:32 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-26530, 27-CR-19- State of Minnesota, 9270, 27-CR-20-1053, 27-CR-22-3553 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY William Lee Nabors, Defendant. This matter came before the undersigned Referee of District Court on May 23, 2023. The hearing was held remotely using the Zoom internet platform. Thomas Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 12/10/1970), was convicted in MNCIS file 27-CR-18-26530 with Trespass (Gross Misdemeanor). Defendant was charged in MNCIS file 27-CR-19-9270 with Transit-Obstruct/Interfere with Operation of Vehicle (Gross Misdemeanor) arising from an incident alleged to have occurred on April 21, 2019; in MNCIS file 27-CR-20-1053 with Theft (Misdemeanor) arising from an incident alleged to have occurred on January 11, 2020; and in MNCIS file 27-CR-22-3553 with 1st Degree Assault (Felony) and 3rd Degree Assault (Felony) arising from an incident alleged to have occurred on February 22, 2022. In the latter case, on April 20, 2023, Judge Askalani found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 20, 2023, Judge Askalani ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Natasha Yenina, Assistant Hennepin County Attorney – Criminal Division; Karen Mara, Minneapolis City Attorney; Patrick Leach, Edina City Attorney; Peter Martin, Attorney for Defendant 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/005 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 21, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 4 ===== PAGE 005/005 ===== a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Peter Martin, Attorney for Defendant; c. Natasha Yenina, Assistant Hennepin County Attorney; d. Karen Mara, Minneapolis City Attorney; e. Patrick Leach, Edina City Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-901 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-901_Finding of Incompetency and Order_2023-02-15_20240430091100.pdf ===== --- meta case_number: 27-CR-19-901 defendant: EYUAEL GONFA KEBEDE filing_type: Finding of Incompetency and Order filing_date: 2023-02-15 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Feb 15, 2023 12:26 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-901; State of Minnesota, 27-CR-20-13495 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Eyuael Gonfa Kebede, Defendant. This matter came before the undersigned Referee of District Court on February 14, 2023. The hearing was held remotely using the Zoom internet platform. Heidi Johnston, Minneapolis City Attorney, represented the plaintiff. Defendant was represented by Gregory Renden, Assistant Hennepin County Public Defender, who waived the Defendant’s appearance. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/18/1994), was convicted in MNCIS file 27-CR-19-901 DWI (Gross Misdemeanor) and charged in MNCIS file 27-CR-20-13495 with two courts of DWI (Gross Misdemeanor) arising from an incident alleged to have occurred on 04/05/2020. On 05/09/2022, Judge Daly found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On 11/23/2022, Judge Janzen ordered that Defendant undergo an updated evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Katheryn Cranbrook, PsyD, ABPP, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Katheryn Cranbrook, PsyD, ABPP, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charges. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Megan Griffin, Minneapolis City Attorney – Criminal Division; Gregory Renden, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; 2 ===== PAGE 003/004 ===== physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 3 ===== PAGE 004/004 ===== 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 15, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Gregory Renden, Assistant Hennepin County Public Defender; c. Megan Griffin, Minneapolis City Attorney – Criminal Division; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-19-1916 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-1916_Finding of Incompetency and Order_2023-06-06_20240430091213.pdf ===== --- meta case_number: 27-CR-19-1916 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2023-06-06 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 06, 2023 6:13 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391, 27-CR-19- State of Minnesota, 1916, 27-CR-19-3539, 27-CR-19-17539, 27- CR-21-22058 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Aesha Ibrahim Osman, COMPETENCY Defendant. This matter came before the undersigned Referee/Judge of District Court on June 6, 2023. The hearing was held remotely using the Zoom internet platform. Chris Freeman, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/13/1998), was charged in MNCIS file 27-CR-18-18391 with Assault 5th Degree-2 (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault-5th Degree (Felony) and Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS file 27-CR-19-17539 with Assault-5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; and in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021. In the latter case, on December 1, 2022, Judge Nicole Engisch found probable cause to believe that the offense was committed and that Defendant committed it. 2. On April 4, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Kahn, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/005 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of 3 ===== PAGE 004/005 ===== this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is December 5, 2023. One 4 ===== PAGE 005/005 ===== week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; c. Atif Kahn, Assistant Hennepin County Public Defender d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-1916 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-1916_Finding of Incompetency and Order_2024-03-20_20240430091206.pdf ===== --- meta case_number: 27-CR-19-1916 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2024-03-20 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 20, 2024 12:27 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391; 27-CR-19- State of Minnesota, 1916; 27-CR-19-3539; 27-CR-19-17539; 27- CR-21-22058; 27-CR-23-22062; 27-CR-24- Plaintiff, 4893 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Aesha Ibrahim Osman, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on March 19, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/03/1998), was charged in MNCIS file 27-CR-18-18391 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault – 5th Degree (Felony) and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS 27-CR-19-17539 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021; in MNCIS file 27-CR-23- 22062 with Assault – 2nd Degree (Felony), Burglary – 1st Degree (Felony), and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on July 27, 2023; and in MNCIS file 27-CR-24-4893 with Assault – 4th Degree (Felony), Assault – 4th Degree (Felony), and Assault – 5th Degree (Misdemeanor) arising from an incident alleged to have occurred on February 27, 2024. ===== PAGE 002/005 ===== 2. The Court previously entered a finding of incompetent to stand trial in each of the referenced cases. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 2, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender (atif.khan@hennepin.us); c. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-3539 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-3539_Finding of Incompetency and Order_2023-06-06_20240430091325.pdf ===== --- meta case_number: 27-CR-19-3539 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2023-06-06 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 06, 2023 6:13 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391, 27-CR-19- State of Minnesota, 1916, 27-CR-19-3539, 27-CR-19-17539, 27- CR-21-22058 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Aesha Ibrahim Osman, COMPETENCY Defendant. This matter came before the undersigned Referee/Judge of District Court on June 6, 2023. The hearing was held remotely using the Zoom internet platform. Chris Freeman, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/13/1998), was charged in MNCIS file 27-CR-18-18391 with Assault 5th Degree-2 (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault-5th Degree (Felony) and Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS file 27-CR-19-17539 with Assault-5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; and in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021. In the latter case, on December 1, 2022, Judge Nicole Engisch found probable cause to believe that the offense was committed and that Defendant committed it. 2. On April 4, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Kahn, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/005 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of 3 ===== PAGE 004/005 ===== this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is December 5, 2023. One 4 ===== PAGE 005/005 ===== week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; c. Atif Kahn, Assistant Hennepin County Public Defender d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-3539 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-3539_Finding of Incompetency and Order_2024-03-20_20240430091319.pdf ===== --- meta case_number: 27-CR-19-3539 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2024-03-20 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 20, 2024 12:27 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391; 27-CR-19- State of Minnesota, 1916; 27-CR-19-3539; 27-CR-19-17539; 27- CR-21-22058; 27-CR-23-22062; 27-CR-24- Plaintiff, 4893 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Aesha Ibrahim Osman, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on March 19, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/03/1998), was charged in MNCIS file 27-CR-18-18391 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault – 5th Degree (Felony) and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS 27-CR-19-17539 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021; in MNCIS file 27-CR-23- 22062 with Assault – 2nd Degree (Felony), Burglary – 1st Degree (Felony), and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on July 27, 2023; and in MNCIS file 27-CR-24-4893 with Assault – 4th Degree (Felony), Assault – 4th Degree (Felony), and Assault – 5th Degree (Misdemeanor) arising from an incident alleged to have occurred on February 27, 2024. ===== PAGE 002/005 ===== 2. The Court previously entered a finding of incompetent to stand trial in each of the referenced cases. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 2, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender (atif.khan@hennepin.us); c. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-9270 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-9270_Finding of Incompetency and Order_2023-05-24_20240430091450.pdf ===== --- meta case_number: 27-CR-19-9270 defendant: WILLIAM LEE NABORS filing_type: Finding of Incompetency and Order filing_date: 2023-05-24 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 24, 2023 9:32 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-26530, 27-CR-19- State of Minnesota, 9270, 27-CR-20-1053, 27-CR-22-3553 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY William Lee Nabors, Defendant. This matter came before the undersigned Referee of District Court on May 23, 2023. The hearing was held remotely using the Zoom internet platform. Thomas Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 12/10/1970), was convicted in MNCIS file 27-CR-18-26530 with Trespass (Gross Misdemeanor). Defendant was charged in MNCIS file 27-CR-19-9270 with Transit-Obstruct/Interfere with Operation of Vehicle (Gross Misdemeanor) arising from an incident alleged to have occurred on April 21, 2019; in MNCIS file 27-CR-20-1053 with Theft (Misdemeanor) arising from an incident alleged to have occurred on January 11, 2020; and in MNCIS file 27-CR-22-3553 with 1st Degree Assault (Felony) and 3rd Degree Assault (Felony) arising from an incident alleged to have occurred on February 22, 2022. In the latter case, on April 20, 2023, Judge Askalani found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 20, 2023, Judge Askalani ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Natasha Yenina, Assistant Hennepin County Attorney – Criminal Division; Karen Mara, Minneapolis City Attorney; Patrick Leach, Edina City Attorney; Peter Martin, Attorney for Defendant 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/005 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 21, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 4 ===== PAGE 005/005 ===== a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Peter Martin, Attorney for Defendant; c. Natasha Yenina, Assistant Hennepin County Attorney; d. Karen Mara, Minneapolis City Attorney; e. Patrick Leach, Edina City Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-12466 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-12466_Finding of Incompetency and Order_2024-03-12_20240430091809.pdf ===== --- meta case_number: 27-CR-19-12466 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-17539 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-17539_Finding of Incompetency and Order_2023-06-06_20240430091932.pdf ===== --- meta case_number: 27-CR-19-17539 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2023-06-06 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 06, 2023 6:13 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391, 27-CR-19- State of Minnesota, 1916, 27-CR-19-3539, 27-CR-19-17539, 27- CR-21-22058 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Aesha Ibrahim Osman, COMPETENCY Defendant. This matter came before the undersigned Referee/Judge of District Court on June 6, 2023. The hearing was held remotely using the Zoom internet platform. Chris Freeman, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/13/1998), was charged in MNCIS file 27-CR-18-18391 with Assault 5th Degree-2 (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault-5th Degree (Felony) and Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS file 27-CR-19-17539 with Assault-5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; and in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021. In the latter case, on December 1, 2022, Judge Nicole Engisch found probable cause to believe that the offense was committed and that Defendant committed it. 2. On April 4, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Kahn, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/005 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of 3 ===== PAGE 004/005 ===== this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is December 5, 2023. One 4 ===== PAGE 005/005 ===== week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; c. Atif Kahn, Assistant Hennepin County Public Defender d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-17539 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-17539_Finding of Incompetency and Order_2024-03-20_20240430091924.pdf ===== --- meta case_number: 27-CR-19-17539 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2024-03-20 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 20, 2024 12:27 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391; 27-CR-19- State of Minnesota, 1916; 27-CR-19-3539; 27-CR-19-17539; 27- CR-21-22058; 27-CR-23-22062; 27-CR-24- Plaintiff, 4893 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Aesha Ibrahim Osman, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on March 19, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/03/1998), was charged in MNCIS file 27-CR-18-18391 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault – 5th Degree (Felony) and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS 27-CR-19-17539 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021; in MNCIS file 27-CR-23- 22062 with Assault – 2nd Degree (Felony), Burglary – 1st Degree (Felony), and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on July 27, 2023; and in MNCIS file 27-CR-24-4893 with Assault – 4th Degree (Felony), Assault – 4th Degree (Felony), and Assault – 5th Degree (Misdemeanor) arising from an incident alleged to have occurred on February 27, 2024. ===== PAGE 002/005 ===== 2. The Court previously entered a finding of incompetent to stand trial in each of the referenced cases. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 2, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender (atif.khan@hennepin.us); c. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-19-19606 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-19-19606_Finding of Incompetency and Order_2024-03-12_20240430092030.pdf ===== --- meta case_number: 27-CR-19-19606 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-20-6517 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-6517_Finding of Incompetency and Order_2023-03-08_20240430085208.pdf ===== --- meta case_number: 27-CR-20-6517 defendant: Rex Allen Basswood, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-03-08 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 08, 2023 9:34 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-6517, 27-CR-21- State of Minnesota, 23131, 27-CR-22-24627 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Rex Allen Basswood, Jr., Defendant. This matter came before the undersigned Judge of District Court on March 7, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Chelsea Knutson, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/19/1989), was charged in MNCIS file 27-CR-20-6517 with Theft (Felony) arising from an incident alleged to have occurred on 02/06/2020; in MNCIS file 27- CR-21-23131 with Theft (Felony) arising from an incident alleged to have occurred on 12/14/2021; and in MNCIS file 27-CR-22-24627 with Simple Robbery (Felony) arising from an incident alleged to have occurred on 11/08/2022. 2. On 12/30/2022, Judge Michael Browne ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Adam A. Milz, PhD, LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Adam A. Milz, PhD, LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Daniel Provencher, Assistant Hennepin County Attorney – Criminal Division; Chelsea Knutson, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation 2 ===== PAGE 003/005 ===== agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/005 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 5, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chelsea Knutson, Assistant Hennepin County Public Defender; c. Daniel Provencher, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-20-7092 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-7092_Finding of Incompetency and Order_2024-01-23_20240430085300.pdf ===== --- meta case_number: 27-CR-20-7092 defendant: DWAYNE ANTHONY BLEDSOE filing_type: Finding of Incompetency and Order filing_date: 2024-01-23 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jan 24, 2024 1:09 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-7092; 27-CR-21-933 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Dwayne Anthony Bledsoe, Defendant. This matter came before the undersigned Judge of District Court on January 23, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant was represented by Atif Khan, Assistant Hennepin County Public Defender. Defendant was not present. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 11/03/1979), was charged in MNCIS file 27-CR-20-7092 with Domestic Abuse No Contact Order – Violate No Contact Order (Gross Misdemeanor) arising from an incident alleged to have occurred on February 1, 2020; and in MNCIS file 27-CR-21- 933 with Simple Robbery (Felony) arising from an incident alleged to have occurred on January 13, 2021. On February 10, 2021, Judge Paul Scoggin found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On September 28, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/004 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Travis Huddy, Assistant Hennepin County Attorney – Criminal Division; Megan Griffin, Minneapolis City Attorney; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/004 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/004 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 23, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender; c. Travis Huddy, Assistant Hennepin County Attorney; d. Megan Griffin, Minneapolis City Attorney; e. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 4 ============ 27-CR-20-8575 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-8575_Finding of Incompetency and Order_2023-04-24_20240430085346.pdf ===== --- meta case_number: 27-CR-20-8575 defendant: Bisharo Jama Noor filing_type: Finding of Incompetency and Order filing_date: 2023-04-24 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Apr 24, 2023 2:43 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-8575; State of Minnesota, 27-CR-21-7676 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Bisharo Jama Noor, Defendant. This matter came before the undersigned Judge of District Court on April 11, 2023. The hearing was held remotely using the Zoom internet platform. Thomas Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, on behalf of Atif Khan, Assistant Hennepin County Public Defendant. Sahil Kahin, Court Interpreter, Somali Language was also present. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1988) was charged in MNCIS file 27-CR-20-8575 with 2nd Degree Assault (Felony) arising from an incident alleged to have occurred on April 2, 2020; and MNCIS file 27-CR-21-7676 with Malicious Punishment of a Child (Gross Misdemeanor) arising from an incident alleged to have occurred on January 16, 2021. On February 16, 2023, Judge Hilary Caligiuri found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On February 16, 2023, Judge Hilary Caligiuri ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. John R. Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. John R. Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/005 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charge. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Christopher Nippoldt, Assistant Hennepin County Attorney – Criminal Division; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 10, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender; c. Christopher Nippoldt, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-20-8926 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-8926_Finding of Incompetency and Order_2024-03-12_20240430085426.pdf ===== --- meta case_number: 27-CR-20-8926 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-20-10049 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-10049_Finding of Incompetency and Order_2023-10-17_20240430085646.pdf ===== --- meta case_number: 27-CR-20-10049 defendant: Beyonce Porshae Brown filing_type: Finding of Incompetency and Order filing_date: 2023-10-17 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Oct 18, 2023 10:20 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-9420, 27-CR-20-939, State of Minnesota, 27-CR-20-10049, 27-CR-22-24933, 27-CR- 23-8017 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Beyonce Porschean Brown, COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on October 17, 2023. The hearing was held remotely using the Zoom internet platform. Amanda Grossmann, Brooklyn Park City Attorney, waived her appearance. Defendant appeared out of custody and was represented by Melissa Fraser, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/24/2000), was charged in MNCIS file 27-CR-22-24933 with Third Degree Driving Under the Influence (Gross Misdemeanor) and Fourth Degree Driving Under the Influence of Alcohol (Misdemeanor) arising from an incident alleged to have occurred on October 30, 2022; in MNCIS file 27-CR-20-9420 with Theft (Misdemeanor) arising from an incident alleged to have occurred on April 6, 2020; in MNCIS file 27-CR-20-939 with Give Peace Officer False Name/Birthdate/ID Card (Misdemeanor) arising from an incident alleged to have occurred on January 10, 2020; in MNCIS file 27-CR-20-10049 with Trespass (Misdemeanor), Theft (Misdemeanor), and Obstruct Legal Process (Misdemeanor) arising from an incident alleged to have occurred on April 22, 2020; in MNCIS file 27-CR-23-8017 with Theft (Misdemeanor) arising from an incident alleged to have occurred on April 7, 2023. 2. On July 5, 2023, Judge Francis Magill ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. ===== PAGE 002/004 ===== 3. Dr. John R. Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. John R. Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has filed a Notice of Intent to Prosecute the gross misdemeanor charge. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Amanda Grossmann, Brooklyn Park City Attorney – Criminal Division; Gretchen Hoffman, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/004 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/004 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 16, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Gretchen Hoffman, Assistant Hennepin County Public Defender; c. Amanda Grossmann, Brooklyn Park City Attorney – Criminal Division; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-20-11638 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-11638_Finding of Incompetency and Order_2023-05-24_20240430085821.pdf ===== --- meta case_number: 27-CR-20-11638 defendant: JOHN EMIL STICHA filing_type: Finding of Incompetency and Order filing_date: 2023-05-24 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota May 24, 2023 11:29 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-11638 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY John Emil Sticha, Defendant. This matter came before the undersigned Referee of District Court on May 23, 2023. The hearing was held remotely using the Zoom internet platform. Wynn Curtiss, Hopkins City Attorney, waived his appearance. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/19/1961), was charged in MNCIS file 27-CR-20-11638 with Third Degree Driving While Impaired (Gross Misdemeanor), Driving While Under the Influence of a Controlled Substance (Gross Misdemeanor), and Careless Driving (Misdemeanor) arising from an incident alleged to have occurred on March 1, 2020. 2. On January 23, 2023, Judge Moore ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. However, pursuant to agreement of the parties, the Court adopts the written report filed in MNCIS file 66-CR-21-2313. 3. In MNCIS file 66-CR-21-2313, Dr. Diandra E. Sigurdsson, Psy.D., LP, Forensic Examiner, Direct Care and Treatment – Forensic Services, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Diandra E. Sigurdsson, Psy.D., LP, Forensic Examiner, Direct Care and Treatment – Forensic Services, opined that Defendant, due to mental illness or cognitive impairment, lacks ===== PAGE 002/004 ===== the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charges. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Wynn Charles Curtiss, Hopkins City Attorney – Criminal Division; Julia Inz, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/004 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/004 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 21, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Julia Inz, Assistant Hennepin County Public Defender; c. Wynn Charles Curtiss, Hopkins City Attorney – Criminal Division; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-20-11638 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-11638_Finding of Incompetency and Order_2023-11-28_20240430085818.pdf ===== --- meta case_number: 27-CR-20-11638 defendant: JOHN EMIL STICHA filing_type: Finding of Incompetency and Order filing_date: 2023-11-28 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Nov 29, 2023 9:48 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-11638 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY John Emil Sticha, Defendant. This matter came before the undersigned Referee of District Court on November 28, 2023. The hearing was held remotely using the Zoom internet platform. Curtiss Wynn, Hopkins City Attorney, did not appear. Defendant was not present and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/19/1961), was charged in MNCIS file 27-CR-20-11638 with Third Degree Driving While Impaired (Gross Misdemeanor) and Driving While Under the Influence of a Controlled Substance (Gross Misdemeanor) arising from an incident alleged to have occurred on March 1, 2020. 2. On September 12, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. However, pursuant to agreement of the parties, the Court adopts the finding of incompetence in MNCIS file 66-CR-21-2313 (which relied on a report filed in 66- CR-23-748) in MNCIS file 27-CR-20-11638. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charges. ===== PAGE 002/004 ===== ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Wynn Curtiss, Hopkins City Attorney – Criminal Division; Julia Inz, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 2 ===== PAGE 003/004 ===== 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is May 28, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; 3 ===== PAGE 004/004 ===== b. Julia Inz, Assistant Hennepin County Public Defender (julia.inz@hennepin.us); c. Wynn Curtiss, Hopkins City Attorney – Criminal Division (wcurtiss@chestnutcambronne.com); d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-20-13495 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-13495_Finding of Incompetency and Order_2023-02-15_20240430085918.pdf ===== --- meta case_number: 27-CR-20-13495 defendant: EYUAEL GONFA KEBEDE filing_type: Finding of Incompetency and Order filing_date: 2023-02-15 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Feb 15, 2023 12:26 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-901; State of Minnesota, 27-CR-20-13495 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Eyuael Gonfa Kebede, Defendant. This matter came before the undersigned Referee of District Court on February 14, 2023. The hearing was held remotely using the Zoom internet platform. Heidi Johnston, Minneapolis City Attorney, represented the plaintiff. Defendant was represented by Gregory Renden, Assistant Hennepin County Public Defender, who waived the Defendant’s appearance. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/18/1994), was convicted in MNCIS file 27-CR-19-901 DWI (Gross Misdemeanor) and charged in MNCIS file 27-CR-20-13495 with two courts of DWI (Gross Misdemeanor) arising from an incident alleged to have occurred on 04/05/2020. On 05/09/2022, Judge Daly found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On 11/23/2022, Judge Janzen ordered that Defendant undergo an updated evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Katheryn Cranbrook, PsyD, ABPP, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Katheryn Cranbrook, PsyD, ABPP, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charges. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Megan Griffin, Minneapolis City Attorney – Criminal Division; Gregory Renden, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; 2 ===== PAGE 003/004 ===== physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 3 ===== PAGE 004/004 ===== 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 15, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Gregory Renden, Assistant Hennepin County Public Defender; c. Megan Griffin, Minneapolis City Attorney – Criminal Division; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-20-19196 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-19196_Finding of Incompetency and Order_2023-06-01_20240430090046.pdf ===== --- meta case_number: 27-CR-20-19196 defendant: ABDIRAHMAN ISMAIL FARAH filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:36 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-16-6572, 27-CR-20- State of Minnesota, 9699, 27-CR-20-18933, 27-CR-20-19196, 27- CR-20-19631, 27-CR-20-19797, 27-CR-22- Plaintiff, 7940, 27-CR-22-24372 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Abdirahman Ismail Farah AND ORDER REGARDING a/k/a Abdi Salah Farah, COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistance Minneapolis City Attorney, represented plaintiff. Defendant appeared out of custody and was represented by Alicia Granse, Assistant Hennepin County Public Defender. Also present was Rahma Abdi, Somali Court Interpreter. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1998), was charged in MNCIS file 27-CR-16-6572 with Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on February 29, 2016; in MNCIS file 27-CR-20-9699 with Theft (Felony) arising from an incident alleged to have occurred on September 9, 2019; in MNCIS file 27-CR-20-18933 with Financial Transaction Card Fraud (Felony) arising from an incident alleged to have occurred on December 23, 2019; in MNCIS file 27-CR-20-19196 with Theft (Gross Misdemeanor) arising from an incident alleged to have occurred on September 2, 2020; in MNCIS file 27-CR-20- 19631 with Fleeing a Peace Officer in a Motor Vehicle (Felony) and Receiving Stolen Property (Felony) arising from an incident alleged to have occurred on September 9, 2020; in MNCIS file 27-CR-20-19797 with Simple Robbery (Felony) arising from an incident alleged to have occurred on August 29, 2020; in MNCIS file 27-CR-22-7940 with Theft (Felony) arising from ===== PAGE 002/005 ===== an incident alleged to have occurred on April 23, 2022; and in MNCIS file 27-CR-22-24372 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on December 6, 2022. On April 20, 2021, Judge Daniel Moreno found probable cause in MNCIS file 27- CR-20-19797 to believe that the offense was committed and that Defendant committed it. 2. On March 28, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Nicholas Nathanial Summers, Assistant Hennepin County Attorney – Criminal Division; Daniel Provencher, Assistant Hennepin County Attorney – Criminal Division; John-Mark Halstead, Assistant Hennepin County Attorney – Criminal Division; Alicia Granse, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Nicholas Nathanial Summers, Assistant Hennepin County Attorney – Criminal Division; c. Daniel Provencher, Assistant Hennepin County Attorney – Criminal Division; d. John-Mark Halstead, Assistant Hennepin County Attorney – Criminal Division; e. Alicia Granse, Assistant Hennepin County Public Defender; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-20-20037 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-20037_Finding of Incompetency and Order_2024-03-12_20240430090128.pdf ===== --- meta case_number: 27-CR-20-20037 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-20-20788 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-20788_Finding of Incompetency and Order_2023-04-26_20240430090226.pdf ===== --- meta case_number: 27-CR-20-20788 defendant: Lawrence Joseph Durheim filing_type: Finding of Incompetency and Order filing_date: 2023-04-26 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Apr 26, 2023 11:31 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-20788 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Lawrence Joseph Durheim, Defendant. This matter came before the undersigned Referee of District Court on April 25, 2023. Jacob Fischmann, Assistant Hennepin County Attorney, represented the plaintiff. Defendant was represented by Jesse Dong, Assistant Hennepin County Public Defender. Pursuant to agreement by the parties, the Court handled this matter administratively without appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/21/1970), was charged in MNCIS file 27-CR-20-20788 with Domestic Assault – By Strangulation (Felony) arising from an incident alleged to have occurred on September 12, 2020. On September 8, 2021, Judge Lamas found probable cause to believe that the offense was committed, and that Defendant committed it. 2. On February 21, 2023, Judge Browne ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Jacob Fischmann, Assistant Hennepin County Attorney – Criminal Division; Jesse Dong, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/004 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 3 ===== PAGE 004/004 ===== 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 24, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Jesse Dong, Assistant Hennepin County Public Defender; c. Jacob Fischmann, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-20-20788 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-20-20788_Finding of Incompetency and Order_2024-02-12_20240430090219.pdf ===== --- meta case_number: 27-CR-20-20788 defendant: Lawrence Joseph Durheim filing_type: Finding of Incompetency and Order filing_date: 2024-02-12 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Feb 12, 2024 9:48 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-20788 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Lawrence Joseph Durheim, Defendant. This matter came administratively before the undersigned Judge of District Court on February 8, 2024, per agreement by the parties. Jacob Fischmann, Assistant Hennepin County Attorney, represented the plaintiff. Defendant was represented by Andrew Reiland, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/21/1970), was charged in MNCIS file 27-CR-20-20788 with Domestic Assault – By Strangulation (Felony) arising from an incident alleged to have occurred on September 12, 2020. On September 8, 2021, Judge Lamas found probable cause to believe that the offense was committed and that Defendant committed it. 2. On January 19, 2024, Judge Shereen Askalani ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Catherine A. Carlson, Psy.D. LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Catherine A. Carlson, Psy.D. LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Jacob Fischmann, Assistant Hennepin County Attorney – Criminal Division; Andrew Reiland, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/004 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 3 ===== PAGE 004/004 ===== 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 20, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, Assistant Hennepin County Public Defender (Andrew.reiland@hennepin.us); c. Jacob Fischmann, Assistant Hennepin County Attorney (Jacob.fischmann@hennepin.us); d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Dayton Klein, Julia 2024.02.08 13:27:09 -06'00' Judge of District Court 4 ============ 27-CR-21-933 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-933_Finding of Incompetency and Order_2024-01-23_20240430075226.pdf ===== --- meta case_number: 27-CR-21-933 defendant: DWAYNE ANTHONY BLEDSOE filing_type: Finding of Incompetency and Order filing_date: 2024-01-23 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jan 24, 2024 1:09 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-7092; 27-CR-21-933 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Dwayne Anthony Bledsoe, Defendant. This matter came before the undersigned Judge of District Court on January 23, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant was represented by Atif Khan, Assistant Hennepin County Public Defender. Defendant was not present. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 11/03/1979), was charged in MNCIS file 27-CR-20-7092 with Domestic Abuse No Contact Order – Violate No Contact Order (Gross Misdemeanor) arising from an incident alleged to have occurred on February 1, 2020; and in MNCIS file 27-CR-21- 933 with Simple Robbery (Felony) arising from an incident alleged to have occurred on January 13, 2021. On February 10, 2021, Judge Paul Scoggin found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On September 28, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/004 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Travis Huddy, Assistant Hennepin County Attorney – Criminal Division; Megan Griffin, Minneapolis City Attorney; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/004 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/004 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 23, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender; c. Travis Huddy, Assistant Hennepin County Attorney; d. Megan Griffin, Minneapolis City Attorney; e. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 4 ============ 27-CR-21-1171 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-1171_Finding of Incompetency and Order_2023-05-02_20240430075317.pdf ===== --- meta case_number: 27-CR-21-1171 defendant: IBSSA M YOUSSUF filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 7:21 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-1171 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Ibssa M Youssuf, Defendant. This matter came before the undersigned Referee of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Meti Moussisa, Oromo Interpreter, provided interpreting services for the Defendant. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/22/1983), was charged in MNCIS file 27-CR-21-1171 with 1st Degree Aggravated Robbery and 2nd Degree Assault (Felonies) arising from an incident alleged to have occurred on January 15, 2021. On March 27, 2023, Judge Jay Quam found probable cause to believe that the offense(s) were committed and that Defendant committed them. 2. On March 27, 2023, Judge Jay Quam ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Megan Paris, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Megan Paris, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability ===== PAGE 002/005 ===== to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Christopher Filipski, Assistant Hennepin County Attorney – Criminal Division; Lynne McMullen, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/005 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/005 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Christopher Filipski, Assistant Hennepin County Attorney – Criminal Division; c. Lynne McMullen, Assistant Hennepin County Public Defender; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-1980 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-1980_Finding of Incompetency and Order_2023-06-01_20240430075958.pdf ===== --- meta case_number: 27-CR-21-1980 defendant: GORDON EUGENE SHARP filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:23 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-1980, 27-CR-21- State of Minnesota, 20072, 27-CR-21-20988, 27-CR-21-21355, 27-CR-21-23188, 27-CR-21-23215, 27-CR- Plaintiff, 22-4087, 27-CR-22-22963, 27-CR-23-1752 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Gordon Eugene Sharp, Jr., AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/13/1988), was charged in MNCIS file 27-CR-21-1980 with Theft (Felony) arising from an incident alleged to have occurred on January 27, 2021; in MNCIS file 27-CR-21-20072 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 1, 2021; in MNCIS file 27-CR-21-20988 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on November 9, 2021; in MNCIS file 27-CR-21-21355 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred November 16, 2021; in MNCIS file 27-CR-21-23188 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 11, 2021; in MNCIS file 27-CR-21-23215 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 16, 2021; in MNCIS file 27-CR-22-4087 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 9, 2021; in MNCIS file 27-CR-22-22963 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on May 27, 2022; and in MNCIS file 27-CR-23-1752 with 4th Degree Damage to Property and Trespass (Misdemeanor) arising from an incident alleged to have occurred on ===== PAGE 002/005 ===== January 22, 2023. On August 9, 2022, Judge Gina Brandt found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 3, 2022, Judge Melissa Houghtaling ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Cory Strecker, Assistant Hennepin County Attorney – Criminal Division; Hilary Minor, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Cory Strecker, Assistant Hennepin County Attorney; e. Hilary Minor, Assistant Hennepin County Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-6229 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-6229_Finding of Incompetency and Order_2023-10-03_20240430080218.pdf ===== --- meta case_number: 27-CR-21-6229 defendant: MARVAL BARNES filing_type: Finding of Incompetency and Order filing_date: 2023-10-03 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Oct 04, 2023 12:26 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-8613; 27-CR-21- State of Minnesota, 8856; 27-CR-21-11460; 27-CR-21-11758 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Marval Barnes, Defendant. This matter came before the undersigned Judge of District Court on October 3, 2023, without appearances pursuant to an agreement by the parties. Britta Nicholson and Erin Stephens, Assistant Hennepin County Attorneys, represented the plaintiff. Defendant was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 12/17/1979), was charged in MNCIS file 27-CR-21-8613 with Damage to Property – 1st Degree (Felony) arising from an incident alleged to have occurred on April 29, 2021; in MNCIS file 27-CR-21-8856 with two counts of Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on May 6, 2021; in MNCIS file 27- CR-21-11460 with Damage to Property – 1st Degree (Felony) arising from an incident alleged to have occurred on April 27, 2021; and in MNCIS file 27-CR-21-11758 with Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on May 14, 2021. On July 15, 2021, Judge Hilary Caligiuri found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On July 21, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Elizabeth Barbo, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/004 ===== 4. Dr. Elizabeth Barbo, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Erin Stephens and Britta Nicholson, Assistant Hennepin County Attorneys; Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/004 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/004 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 1, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Susan Herlofsky, Assistant Hennepin County Public Defender; c. Britta Nicholson, Assistant Hennepin County Attorney; d. Erin Stephens, Assistant Hennepin County Attorney; e. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 4 ============ 27-CR-21-6710 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-6710_Finding of Incompetency and Order_2023-04-26_20240430080352.pdf ===== --- meta case_number: 27-CR-21-6710 defendant: TEMEKA MICHELLE NICHOLS filing_type: Finding of Incompetency and Order filing_date: 2023-04-26 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Apr 26, 2023 12:18 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6710; 27-CR-22- State of Minnesota, 19425; 27-CR-23-2795 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Temeka Michelle Nichols, Defendant. This matter came before the undersigned Referee of District Court on April 25, 2023. Elizabeth A. Scoggin, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, represented the plaintiff. Defendant was represented by J.C. Horvath, Assistant Hennepin County Public Defender, and Ashley Fischer, Assistant Hennepin County Public Defender. Pursuant to agreement by the parties, the Court handled this matter administratively without appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 03/25/1991), was charged in MNCIS file 27-CR-23-2795 with 4th Degree Assault (Felony) arising from an incident alleged to have occurred on February 3, 2023; MNCIS file 27-CR-21-6710 with 4th Degree Assault (Gross Misdemeanor) arising from an incident alleged to have occurred on April 2, 2021; and MNCIS file 27-CR-22-19425 with Trespass (Misdemeanor) and Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on September 29, 2022. 2. On March 22, 2023, Judge Garcia ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in the felony matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Adam Milz, Ph.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/004 ===== 4. Dr. Adam Milz, Ph.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Elizabeth Scoggin, Assistant Hennepin County Attorney – Criminal Division; Flavio Abreu, Minneapolis City Attorney – Criminal Division; James Horvath, Assistant Hennepin County Public Defender; Ashley Fischer, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/004 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, 3 ===== PAGE 004/004 ===== employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 24, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Elizabeth Scoggin, Assistant Hennepin County Attorney – Criminal Division; c. Flavio Abreu, Minneapolis City Attorney – Criminal Division; d. James Horvath, Assistant Hennepin County Public Defender; e. Ashley Fischer, Assistant Hennepin County Public Defender f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-21-6710 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-6710_Finding of Incompetency and Order_2024-03-12_20240430080346.pdf ===== --- meta case_number: 27-CR-21-6710 defendant: TEMEKA MICHELLE NICHOLS filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 13, 2024 3:43 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6710; 27-CR-23- State of Minnesota, 2795; 27-CR-23-16856; 27-CR-23-19098; 27- CR-24-3451 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Temeka Michelle Nichols, COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared in custody and was represented by Christine Irfanullah, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 03/25/1991), was charged in MNCIS file 27-CR-21-6710 with Assault – 4th Degree (Gross Misdemeanor) arising from an incident alleged to have occurred on April 2, 2021; in MNCIS file 27-CR-23-2795 with Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on February 3, 2023; in MNCIS file 27-CR-23-16856 with Assault – 5th Degree (Misdemeanor) arising from an incident alleged to have occurred on August 9, 2023; in MNCIS file 27-CR-23-19098 with Assault – 5th Degree (Misdemeanor) arising from an incident alleged to have occurred on September 7, 2023; and in MNCIS file 27-CR-24-3451 with Burglary – 3rd Degree (Felony) arising from an incident alleged to have occurred on January 29, 2024. In the former case, on April 20, 2022, Judge Bev Benson found probable cause to believe that the offense was committed and that Defendant committed it. 2. On February 9, 2024, Judge William Koch ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Mallory Jorgenson, Ph.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Mallory Jorgenson, Ph.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Olivia Levinson, Assistant Hennepin County Attorney – Criminal Division; Flavio Abreau, Minneapolis City Attorney; Christine Irfanullah, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/005 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of 3 ===== PAGE 004/005 ===== this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One 4 ===== PAGE 005/005 ===== week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Christine Irfanullah, Assistant Hennepin County Public Defender; c. Olivia Levinson, Assistant Hennepin County Attorney; d. Flavio Abreau, Minneapolis City Attorney; e. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-6904 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-6904_Finding of Incompetency and Order_2023-05-02_20240430080456.pdf ===== --- meta case_number: 27-CR-21-6904 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-6904 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-6904_Finding of Incompetency and Order_2023-11-01_20240430080453.pdf ===== --- meta case_number: 27-CR-21-6904 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-7676 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-7676_Finding of Incompetency and Order_2023-04-24_20240430080545.pdf ===== --- meta case_number: 27-CR-21-7676 defendant: Bisharo Jama Noor filing_type: Finding of Incompetency and Order filing_date: 2023-04-24 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Apr 24, 2023 2:43 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-8575; State of Minnesota, 27-CR-21-7676 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Bisharo Jama Noor, Defendant. This matter came before the undersigned Judge of District Court on April 11, 2023. The hearing was held remotely using the Zoom internet platform. Thomas Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, on behalf of Atif Khan, Assistant Hennepin County Public Defendant. Sahil Kahin, Court Interpreter, Somali Language was also present. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1988) was charged in MNCIS file 27-CR-20-8575 with 2nd Degree Assault (Felony) arising from an incident alleged to have occurred on April 2, 2020; and MNCIS file 27-CR-21-7676 with Malicious Punishment of a Child (Gross Misdemeanor) arising from an incident alleged to have occurred on January 16, 2021. On February 16, 2023, Judge Hilary Caligiuri found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On February 16, 2023, Judge Hilary Caligiuri ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. John R. Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. John R. Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/005 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charge. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Christopher Nippoldt, Assistant Hennepin County Attorney – Criminal Division; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 10, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender; c. Christopher Nippoldt, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-8067 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8067_Finding of Incompetency and Order_2023-05-02_20240430080639.pdf ===== --- meta case_number: 27-CR-21-8067 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-8067 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8067_Finding of Incompetency and Order_2023-11-01_20240430080635.pdf ===== --- meta case_number: 27-CR-21-8067 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-8227 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8227_Finding of Incompetency and Order_2023-05-02_20240430080732.pdf ===== --- meta case_number: 27-CR-21-8227 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-8227 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8227_Finding of Incompetency and Order_2023-11-01_20240430080729.pdf ===== --- meta case_number: 27-CR-21-8227 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-8228 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8228_Finding of Incompetency and Order_2023-05-02_20240430080825.pdf ===== --- meta case_number: 27-CR-21-8228 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-8228 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8228_Finding of Incompetency and Order_2023-11-01_20240430080822.pdf ===== --- meta case_number: 27-CR-21-8228 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-8229 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8229_Finding of Incompetency and Order_2023-05-02_20240430081522.pdf ===== --- meta case_number: 27-CR-21-8229 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-8229 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8229_Finding of Incompetency and Order_2023-11-01_20240430081519.pdf ===== --- meta case_number: 27-CR-21-8229 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-8230 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8230_Finding of Incompetency and Order_2023-05-02_20240430081640.pdf ===== --- meta case_number: 27-CR-21-8230 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-8230 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8230_Finding of Incompetency and Order_2023-11-01_20240430081637.pdf ===== --- meta case_number: 27-CR-21-8230 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-8412 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8412_Finding of Incompetency and Order_2023-08-08_20240430081737.pdf ===== --- meta case_number: 27-CR-21-8412 defendant: Stephone Ahmad Gammage filing_type: Finding of Incompetency and Order filing_date: 2023-08-08 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Aug 09, 2023 3:53 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-8412 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Stephone Ahmad Gammage, Defendant. This matter came before the undersigned Referee of District Court on August 8, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Kevin Gray, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/01/1987), was charged in MNCIS file 27-CR-21-8412 with 2nd Degree Assault (Felony) and 3rd Degree Assault (Felony) arising from an incident alleged to have occurred on April 28, 2021. On December 7, 2022, Judge Hilary Caligiuri found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On July 11, 2023, Judge Kerry Meyer ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. John R. Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. John R. Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Jacqueline Perez, Assistant Hennepin County Attorney – Criminal Division; David Desmidt, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/005 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 3 ===== PAGE 004/005 ===== 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is February 6, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. David Desmidt, Assistant Hennepin County Public Defender; c. Jacqueline Perez, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 4 ===== PAGE 005/005 ===== 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-8511 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8511_Finding of Incompetency and Order_2023-05-02_20240430082013.pdf ===== --- meta case_number: 27-CR-21-8511 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-8511 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-8511_Finding of Incompetency and Order_2023-11-01_20240430082010.pdf ===== --- meta case_number: 27-CR-21-8511 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-10675 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-10675_Finding of Incompetency and Order_2023-02-15_20240430082223.pdf ===== --- meta case_number: 27-CR-21-10675 defendant: Dennis Joseph Barry filing_type: Finding of Incompetency and Order filing_date: 2023-02-15 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 15, 2023 11:36 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-22521, 27-CR-21- State of Minnesota, 10675, 27-CR-21-11624, 27-CR-21-21893, 27-CR-22-3570, 27-CR-22-17662, 27-CR-22- Plaintiff, 18518 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Dennis Joseph Barry, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on February 14, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/14/1977), was charged in MNCIS file 27-CR-22-22521 with five counts of 2nd Degree Burglary (Felony) arising from an incident alleged to have occurred on 08/02/2022. On 01/11/2023, Judge Allyn found probable cause to believe that the offenses were committed and that Defendant committed them. 2. Defendant was also charged in MNCIS file 27-CR-21-10675 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on 05/03/2021. Defendant was charged in MNCIS file 27-CR-21-11624 with Theft (Misdemeanor) arising from an incident alleged to have occurred on 06/20/2021. Defendant was charged in MNCIS file 27-CR-21- 21893 with Possession of drug paraphernalia in a public place (Misdemeanor) arising from an incident alleged to have occurred on 11/28/2021. Defendant was charged in MNCIS file 27- CR-22-3570 with Threats of Violence (Felony) arising from an incident alleged to have occurred on 02/20/2022. Defendant was charged in MNCIS file 27-CR-22-17662 with Criminal Damage to Property (Misdemeanor) arising from an incident alleged to have occurred on 09/02/2022. Defendant was charged in MNCIS file 27-CR-22-18518 with Carrying ===== PAGE 002/005 ===== weapons and facsimile firearms prohibited (Misdemeanor) arising from an incident alleged to have occurred on 09/10/2022. 3. On 01/11/2023, Judge Allyn ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 4. Dr. Gregory A. Hanson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 5. Dr. Gregory A. Hanson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kaitlin Anderson, Assistant Hennepin County Attorney – Criminal Division; Joseph McInnis, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 2 ===== PAGE 003/005 ===== 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 3 ===== PAGE 004/005 ===== 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 4 ===== PAGE 005/005 ===== 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 15, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Joseph McInnis, Assistant Hennepin County Public Defender; c. Kaitlin Anderson, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-14861 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-14861_Finding of Incompetency and Order_2023-11-01_20240430082517.pdf ===== --- meta case_number: 27-CR-21-14861 defendant: KESSIE KAFELE WILSON filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 4:49 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-14861; 27-CR-23- State of Minnesota, 20715 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Kessie Kafele Wilson, Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Matthew Swiontek, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/02/1979), was convicted in MNCIS file 27-CR-21-14861 with Assault – 3rd Degree (Felony) arising from an incident that occurred on June 14, 2021. 2. Defendant was charged in MNCIS file 27-CR-23-20715 with Stalking (Felony) and Threats of Violence (Felony) arising from an incident alleged to have occurred on September 21, 2023. On September 29, 2023, Senior Judge Poston found probable cause to believe that the offenses were committed and that Defendant committed them. 3. Pursuant to agreement by the parties, the Court adopted the Rule 20.01 Report dated July 19, 2023, contained in MNCIS file 27-CR-23-8817. 4. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court in MNCIS file 27-CR-23-8817. 5. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability ===== PAGE 002/005 ===== to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Thomas Prochazka, Assistant Hennepin County Attorney – Criminal Division; Matthew Swiontek, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/005 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/005 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is February 6, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Matthew Swiontek, Assistant Hennepin County Public Defender; c. Thomas Prochazka, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-19552 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-19552_Finding of Incompetency and Order_2024-03-12_20240430082832.pdf ===== --- meta case_number: 27-CR-21-19552 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-19723 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-19723_Finding of Incompetency and Order_2023-07-12_20240430082933.pdf ===== --- meta case_number: 27-CR-21-19723 defendant: BRITTANY LATESHA CRUTCHFIELD filing_type: Finding of Incompetency and Order filing_date: 2023-07-12 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jul 12, 2023 11:36 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-19723; State of Minnesota, 27-CR-21-23456; 27-CR-22-15550; 27-CR-23-6045; 27-CR-23-8012 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Brittany Latesha Crutchfield, COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on July 11, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 03/06/1988), was charged in MNCIS file 27-CR-21-19723 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 21, 2021; in MNCIS file 27-CR-21-23456 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 19, 2021; in MNCIS file 27-CR-22-15550 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on August 5, 2022; in MNCIS file 27-CR-23-6045 with Trespassing (Misdemeanor) arising from an incident alleged to have occurred on March 21, 2023; and in MNCIS file 27-CR-23-8012 with Theft (Misdemeanor) arising from an incident alleged to have occurred on April 16, 2023. 2. On June 8, 2023, Judge David Piper ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/004 ===== 4. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Megan Gjere, Assistant Hennepin County Attorney – Criminal Division; Alicia Granse, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the 2 ===== PAGE 003/004 ===== records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/004 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is January 9, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Alicia Granse, Assistant Hennepin County Public Defender; c. Megan Gjere, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-21-20072 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-20072_Finding of Incompetency and Order_2023-06-01_20240430083050.pdf ===== --- meta case_number: 27-CR-21-20072 defendant: GORDON EUGENE SHARP filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:23 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-1980, 27-CR-21- State of Minnesota, 20072, 27-CR-21-20988, 27-CR-21-21355, 27-CR-21-23188, 27-CR-21-23215, 27-CR- Plaintiff, 22-4087, 27-CR-22-22963, 27-CR-23-1752 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Gordon Eugene Sharp, Jr., AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/13/1988), was charged in MNCIS file 27-CR-21-1980 with Theft (Felony) arising from an incident alleged to have occurred on January 27, 2021; in MNCIS file 27-CR-21-20072 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 1, 2021; in MNCIS file 27-CR-21-20988 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on November 9, 2021; in MNCIS file 27-CR-21-21355 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred November 16, 2021; in MNCIS file 27-CR-21-23188 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 11, 2021; in MNCIS file 27-CR-21-23215 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 16, 2021; in MNCIS file 27-CR-22-4087 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 9, 2021; in MNCIS file 27-CR-22-22963 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on May 27, 2022; and in MNCIS file 27-CR-23-1752 with 4th Degree Damage to Property and Trespass (Misdemeanor) arising from an incident alleged to have occurred on ===== PAGE 002/005 ===== January 22, 2023. On August 9, 2022, Judge Gina Brandt found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 3, 2022, Judge Melissa Houghtaling ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Cory Strecker, Assistant Hennepin County Attorney – Criminal Division; Hilary Minor, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Cory Strecker, Assistant Hennepin County Attorney; e. Hilary Minor, Assistant Hennepin County Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-20988 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-20988_Finding of Incompetency and Order_2023-06-01_20240430083344.pdf ===== --- meta case_number: 27-CR-21-20988 defendant: GORDON EUGENE SHARP, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:23 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-1980, 27-CR-21- State of Minnesota, 20072, 27-CR-21-20988, 27-CR-21-21355, 27-CR-21-23188, 27-CR-21-23215, 27-CR- Plaintiff, 22-4087, 27-CR-22-22963, 27-CR-23-1752 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Gordon Eugene Sharp, Jr., AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/13/1988), was charged in MNCIS file 27-CR-21-1980 with Theft (Felony) arising from an incident alleged to have occurred on January 27, 2021; in MNCIS file 27-CR-21-20072 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 1, 2021; in MNCIS file 27-CR-21-20988 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on November 9, 2021; in MNCIS file 27-CR-21-21355 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred November 16, 2021; in MNCIS file 27-CR-21-23188 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 11, 2021; in MNCIS file 27-CR-21-23215 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 16, 2021; in MNCIS file 27-CR-22-4087 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 9, 2021; in MNCIS file 27-CR-22-22963 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on May 27, 2022; and in MNCIS file 27-CR-23-1752 with 4th Degree Damage to Property and Trespass (Misdemeanor) arising from an incident alleged to have occurred on ===== PAGE 002/005 ===== January 22, 2023. On August 9, 2022, Judge Gina Brandt found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 3, 2022, Judge Melissa Houghtaling ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Cory Strecker, Assistant Hennepin County Attorney – Criminal Division; Hilary Minor, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Cory Strecker, Assistant Hennepin County Attorney; e. Hilary Minor, Assistant Hennepin County Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-21355 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-21355_Finding of Incompetency and Order_2023-06-01_20240430083452.pdf ===== --- meta case_number: 27-CR-21-21355 defendant: GORDON EUGENE SHARP, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:23 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-1980, 27-CR-21- State of Minnesota, 20072, 27-CR-21-20988, 27-CR-21-21355, 27-CR-21-23188, 27-CR-21-23215, 27-CR- Plaintiff, 22-4087, 27-CR-22-22963, 27-CR-23-1752 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Gordon Eugene Sharp, Jr., AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/13/1988), was charged in MNCIS file 27-CR-21-1980 with Theft (Felony) arising from an incident alleged to have occurred on January 27, 2021; in MNCIS file 27-CR-21-20072 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 1, 2021; in MNCIS file 27-CR-21-20988 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on November 9, 2021; in MNCIS file 27-CR-21-21355 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred November 16, 2021; in MNCIS file 27-CR-21-23188 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 11, 2021; in MNCIS file 27-CR-21-23215 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 16, 2021; in MNCIS file 27-CR-22-4087 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 9, 2021; in MNCIS file 27-CR-22-22963 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on May 27, 2022; and in MNCIS file 27-CR-23-1752 with 4th Degree Damage to Property and Trespass (Misdemeanor) arising from an incident alleged to have occurred on ===== PAGE 002/005 ===== January 22, 2023. On August 9, 2022, Judge Gina Brandt found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 3, 2022, Judge Melissa Houghtaling ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Cory Strecker, Assistant Hennepin County Attorney – Criminal Division; Hilary Minor, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Cory Strecker, Assistant Hennepin County Attorney; e. Hilary Minor, Assistant Hennepin County Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-22058 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-22058_Finding of Incompetency and Order_2023-06-06_20240430083549.pdf ===== --- meta case_number: 27-CR-21-22058 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2023-06-06 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 06, 2023 6:13 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391, 27-CR-19- State of Minnesota, 1916, 27-CR-19-3539, 27-CR-19-17539, 27- CR-21-22058 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Aesha Ibrahim Osman, COMPETENCY Defendant. This matter came before the undersigned Referee/Judge of District Court on June 6, 2023. The hearing was held remotely using the Zoom internet platform. Chris Freeman, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/13/1998), was charged in MNCIS file 27-CR-18-18391 with Assault 5th Degree-2 (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault-5th Degree (Felony) and Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault-4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS file 27-CR-19-17539 with Assault-5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; and in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021. In the latter case, on December 1, 2022, Judge Nicole Engisch found probable cause to believe that the offense was committed and that Defendant committed it. 2. On April 4, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Stephanie Bruss, Psy.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Kahn, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/005 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of 3 ===== PAGE 004/005 ===== this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is December 5, 2023. One 4 ===== PAGE 005/005 ===== week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; c. Atif Kahn, Assistant Hennepin County Public Defender d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-22058 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-22058_Finding of Incompetency and Order_2024-03-20_20240430083543.pdf ===== --- meta case_number: 27-CR-21-22058 defendant: AESHA IBRAHIM OSMAN filing_type: Finding of Incompetency and Order filing_date: 2024-03-20 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 20, 2024 12:27 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-18391; 27-CR-19- State of Minnesota, 1916; 27-CR-19-3539; 27-CR-19-17539; 27- CR-21-22058; 27-CR-23-22062; 27-CR-24- Plaintiff, 4893 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Aesha Ibrahim Osman, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on March 19, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Atif Khan, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/03/1998), was charged in MNCIS file 27-CR-18-18391 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on July 2, 2018; in MNCIS file 27-CR-19-1916 with Assault – 5th Degree (Felony) and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 20, 2019; in MNCIS file 27-CR-19-3539 with Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on January 30, 2019; in MNCIS 27-CR-19-17539 with Assault – 5th Degree (Felony) arising from an incident alleged to have occurred on March 23, 2019; in MNCIS file 27-CR-21-22058 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on November 27, 2021; in MNCIS file 27-CR-23- 22062 with Assault – 2nd Degree (Felony), Burglary – 1st Degree (Felony), and Assault – 4th Degree (Felony) arising from an incident alleged to have occurred on July 27, 2023; and in MNCIS file 27-CR-24-4893 with Assault – 4th Degree (Felony), Assault – 4th Degree (Felony), and Assault – 5th Degree (Misdemeanor) arising from an incident alleged to have occurred on February 27, 2024. ===== PAGE 002/005 ===== 2. The Court previously entered a finding of incompetent to stand trial in each of the referenced cases. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 2, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender (atif.khan@hennepin.us); c. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-23131 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-23131_Finding of Incompetency and Order_2023-03-08_20240430083650.pdf ===== --- meta case_number: 27-CR-21-23131 defendant: Rex Allen Basswood, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-03-08 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 08, 2023 9:34 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-6517, 27-CR-21- State of Minnesota, 23131, 27-CR-22-24627 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Rex Allen Basswood, Jr., Defendant. This matter came before the undersigned Judge of District Court on March 7, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Chelsea Knutson, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/19/1989), was charged in MNCIS file 27-CR-20-6517 with Theft (Felony) arising from an incident alleged to have occurred on 02/06/2020; in MNCIS file 27- CR-21-23131 with Theft (Felony) arising from an incident alleged to have occurred on 12/14/2021; and in MNCIS file 27-CR-22-24627 with Simple Robbery (Felony) arising from an incident alleged to have occurred on 11/08/2022. 2. On 12/30/2022, Judge Michael Browne ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Adam A. Milz, PhD, LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Adam A. Milz, PhD, LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Daniel Provencher, Assistant Hennepin County Attorney – Criminal Division; Chelsea Knutson, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation 2 ===== PAGE 003/005 ===== agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/005 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 5, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chelsea Knutson, Assistant Hennepin County Public Defender; c. Daniel Provencher, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-21-23188 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-23188_Finding of Incompetency and Order_2023-06-01_20240430083741.pdf ===== --- meta case_number: 27-CR-21-23188 defendant: GORDON EUGENE SHARP, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:23 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-1980, 27-CR-21- State of Minnesota, 20072, 27-CR-21-20988, 27-CR-21-21355, 27-CR-21-23188, 27-CR-21-23215, 27-CR- Plaintiff, 22-4087, 27-CR-22-22963, 27-CR-23-1752 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Gordon Eugene Sharp, Jr., AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/13/1988), was charged in MNCIS file 27-CR-21-1980 with Theft (Felony) arising from an incident alleged to have occurred on January 27, 2021; in MNCIS file 27-CR-21-20072 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 1, 2021; in MNCIS file 27-CR-21-20988 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on November 9, 2021; in MNCIS file 27-CR-21-21355 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred November 16, 2021; in MNCIS file 27-CR-21-23188 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 11, 2021; in MNCIS file 27-CR-21-23215 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 16, 2021; in MNCIS file 27-CR-22-4087 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 9, 2021; in MNCIS file 27-CR-22-22963 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on May 27, 2022; and in MNCIS file 27-CR-23-1752 with 4th Degree Damage to Property and Trespass (Misdemeanor) arising from an incident alleged to have occurred on ===== PAGE 002/005 ===== January 22, 2023. On August 9, 2022, Judge Gina Brandt found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 3, 2022, Judge Melissa Houghtaling ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Cory Strecker, Assistant Hennepin County Attorney – Criminal Division; Hilary Minor, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Cory Strecker, Assistant Hennepin County Attorney; e. Hilary Minor, Assistant Hennepin County Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-23233 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-23233_Finding of Incompetency and Order_2024-03-12_20240430084211.pdf ===== --- meta case_number: 27-CR-21-23233 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-23456 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-23456_Finding of Incompetency and Order_2023-07-12_20240430084309.pdf ===== --- meta case_number: 27-CR-21-23456 defendant: BRITTANY LATESHA CRUTCHFIELD filing_type: Finding of Incompetency and Order filing_date: 2023-07-12 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jul 12, 2023 11:36 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-19723; State of Minnesota, 27-CR-21-23456; 27-CR-22-15550; 27-CR-23-6045; 27-CR-23-8012 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Brittany Latesha Crutchfield, COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on July 11, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 03/06/1988), was charged in MNCIS file 27-CR-21-19723 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 21, 2021; in MNCIS file 27-CR-21-23456 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 19, 2021; in MNCIS file 27-CR-22-15550 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on August 5, 2022; in MNCIS file 27-CR-23-6045 with Trespassing (Misdemeanor) arising from an incident alleged to have occurred on March 21, 2023; and in MNCIS file 27-CR-23-8012 with Theft (Misdemeanor) arising from an incident alleged to have occurred on April 16, 2023. 2. On June 8, 2023, Judge David Piper ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/004 ===== 4. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Megan Gjere, Assistant Hennepin County Attorney – Criminal Division; Alicia Granse, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the 2 ===== PAGE 003/004 ===== records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/004 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is January 9, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Alicia Granse, Assistant Hennepin County Public Defender; c. Megan Gjere, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-21-23628 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-23628_Finding of Incompetency and Order_2023-02-22_20240430084620.pdf ===== --- meta case_number: 27-CR-21-23628 defendant: Carmen Bendu Greaves filing_type: Finding of Incompetency and Order filing_date: 2023-02-22 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 22, 2023 1:34 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-23628, 27-CR-7797, State of Minnesota, 27-CR-22-9010, 27-CR-22-25134 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Carmen Bendu Greaves, Defendant. This matter came before the undersigned Referee of District Court on February 21, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Madeline Baskfield, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 10/03/1978), was convicted in MNCIS file 27-CR-21-23628 with three felony charges. Defendant was charged in MNCIS file 27-CR-22-7797 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on 04/22/2022. Defendant was charged in MNCIS file 27-CR-22-9010 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on 05/06/2022. Defendant was charged in 27-CR-22-25134 with Violate No Contact Order (Felony) and Domestic Abuse (Felony) arising from an incident alleged to have occurred on 12/14/2022. 2. On 01/18/2023, Referee Mercurio ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/005 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Lisa Godon, Assistant Hennepin County Attorney – Criminal Division; Madeline Baskfield, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/005 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/005 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 22, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Madeline Baskfield, Assistant Hennepin County Public Defender; c. Lisa Godon, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-21-23628 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-21-23628_Finding of Incompetency and Order_2024-03-05_20240430084617.pdf ===== --- meta case_number: 27-CR-21-23628 defendant: Carmen Bendu Greaves filing_type: Finding of Incompetency and Order filing_date: 2024-03-05 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 06, 2024 2:14 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-23628; 27-CR-22- State of Minnesota, 7797; 27-CR-22-9010; 27-CR-22-25134 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Carmen Bendu Greaves, Defendant. This matter came before the undersigned Judge of District Court on March 5, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Madeline Baskfield, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 10/03/1978), was convicted in MNCIS file 27-CR-21-23628 with Burglary – 1st Degree (Felony), Domestic Abuse (Felony), and Violate No Contact Order (Felony) arising from an incident that occurred on December 22, 2021. Defendant was charged in MNCIS file 27-CR-22-7797 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on April 22, 2022; in MNCIS file 27-CR-22-9010 with Violate No Contact Order (Felony) arising from an incident that occurred on May 6, 2022; and in MNCIS file 27-CR-22-25134 with Violate No Contact Order (Felony) and Domestic Abuse (Felony) arising from an incident alleged to have occurred on December 14, 2022. 2. On February 2, 2024, Judge Jean Burdorf ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Catherine A. Carlson, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. Catherine A. Carlson, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Joshua Luger, Assistant Hennepin County Attorney – Criminal Division; Madeline Baskfield, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/005 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. 3 ===== PAGE 004/005 ===== This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 3, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Madeline Baskfield, Assistant Hennepin County Public Defender; c. Joshua Luger, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-22-1165 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-1165_Finding of Incompetency and Order_2024-03-12_20240429030424.pdf ===== --- meta case_number: 27-CR-22-1165 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-3377 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-3377_Finding of Incompetency and Order_2023-06-14_20240429031120.pdf ===== --- meta case_number: 27-CR-22-3377 defendant: CHASE RADLEY GREEN filing_type: Finding of Incompetency and Order filing_date: 2023-06-14 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jun 14, 2023 8:32 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-3377, 27-CR-22- State of Minnesota, 22687, 27-CR-23-4971 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Chase Radley Green, Defendant. This matter came before the undersigned Judge of District Court on June 13, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared out of custody and was represented by Eve Byron, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 04/15/1984), was charged in MNCIS file 27-CR-22-3377 with Theft (Felony) arising from an incident alleged to have occurred on February 19, 2022; in MNCIS file 27-CR-22-22687 with Theft (Misdemeanor) arising from an incident alleged to have occurred on November 14, 2022; and in MNCIS file 27-CR-23-4971 with 5th Degree Drugs (Felony) arising from an incident alleged to have occurred on February 25, 2023. 2. On April 21, 2023, Judge Amber Brennan ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristine Kienlen, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristine Kienlen, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Nicholas Nathanial Summers, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; 2 ===== PAGE 003/004 ===== physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 3 ===== PAGE 004/004 ===== 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is December 12, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Nicholas Nathanial Summers, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 4 ============ 27-CR-22-3553 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-3553_Finding of Incompetency and Order_2023-05-24_20240429032047.pdf ===== --- meta case_number: 27-CR-22-3553 defendant: WILLIAM LEE NABORS filing_type: Finding of Incompetency and Order filing_date: 2023-05-24 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 24, 2023 9:32 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-18-26530, 27-CR-19- State of Minnesota, 9270, 27-CR-20-1053, 27-CR-22-3553 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY William Lee Nabors, Defendant. This matter came before the undersigned Referee of District Court on May 23, 2023. The hearing was held remotely using the Zoom internet platform. Thomas Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 12/10/1970), was convicted in MNCIS file 27-CR-18-26530 with Trespass (Gross Misdemeanor). Defendant was charged in MNCIS file 27-CR-19-9270 with Transit-Obstruct/Interfere with Operation of Vehicle (Gross Misdemeanor) arising from an incident alleged to have occurred on April 21, 2019; in MNCIS file 27-CR-20-1053 with Theft (Misdemeanor) arising from an incident alleged to have occurred on January 11, 2020; and in MNCIS file 27-CR-22-3553 with 1st Degree Assault (Felony) and 3rd Degree Assault (Felony) arising from an incident alleged to have occurred on February 22, 2022. In the latter case, on April 20, 2023, Judge Askalani found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 20, 2023, Judge Askalani ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Natasha Yenina, Assistant Hennepin County Attorney – Criminal Division; Karen Mara, Minneapolis City Attorney; Patrick Leach, Edina City Attorney; Peter Martin, Attorney for Defendant 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/005 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 21, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 4 ===== PAGE 005/005 ===== a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Peter Martin, Attorney for Defendant; c. Natasha Yenina, Assistant Hennepin County Attorney; d. Karen Mara, Minneapolis City Attorney; e. Patrick Leach, Edina City Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-3570 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-3570_Finding of Incompetency and Order_2023-02-15_20240429034620.pdf ===== --- meta case_number: 27-CR-22-3570 defendant: Dennis Joseph Barry filing_type: Finding of Incompetency and Order filing_date: 2023-02-15 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 15, 2023 11:36 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-22521, 27-CR-21- State of Minnesota, 10675, 27-CR-21-11624, 27-CR-21-21893, 27-CR-22-3570, 27-CR-22-17662, 27-CR-22- Plaintiff, 18518 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Dennis Joseph Barry, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on February 14, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/14/1977), was charged in MNCIS file 27-CR-22-22521 with five counts of 2nd Degree Burglary (Felony) arising from an incident alleged to have occurred on 08/02/2022. On 01/11/2023, Judge Allyn found probable cause to believe that the offenses were committed and that Defendant committed them. 2. Defendant was also charged in MNCIS file 27-CR-21-10675 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on 05/03/2021. Defendant was charged in MNCIS file 27-CR-21-11624 with Theft (Misdemeanor) arising from an incident alleged to have occurred on 06/20/2021. Defendant was charged in MNCIS file 27-CR-21- 21893 with Possession of drug paraphernalia in a public place (Misdemeanor) arising from an incident alleged to have occurred on 11/28/2021. Defendant was charged in MNCIS file 27- CR-22-3570 with Threats of Violence (Felony) arising from an incident alleged to have occurred on 02/20/2022. Defendant was charged in MNCIS file 27-CR-22-17662 with Criminal Damage to Property (Misdemeanor) arising from an incident alleged to have occurred on 09/02/2022. Defendant was charged in MNCIS file 27-CR-22-18518 with Carrying ===== PAGE 002/005 ===== weapons and facsimile firearms prohibited (Misdemeanor) arising from an incident alleged to have occurred on 09/10/2022. 3. On 01/11/2023, Judge Allyn ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 4. Dr. Gregory A. Hanson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 5. Dr. Gregory A. Hanson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kaitlin Anderson, Assistant Hennepin County Attorney – Criminal Division; Joseph McInnis, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 2 ===== PAGE 003/005 ===== 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 3 ===== PAGE 004/005 ===== 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 4 ===== PAGE 005/005 ===== 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 15, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Joseph McInnis, Assistant Hennepin County Public Defender; c. Kaitlin Anderson, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-4087 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-4087_Finding of Incompetency and Order_2023-06-01_20240429035306.pdf ===== --- meta case_number: 27-CR-22-4087 defendant: GORDON EUGENE SHARP, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:23 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-1980, 27-CR-21- State of Minnesota, 20072, 27-CR-21-20988, 27-CR-21-21355, 27-CR-21-23188, 27-CR-21-23215, 27-CR- Plaintiff, 22-4087, 27-CR-22-22963, 27-CR-23-1752 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Gordon Eugene Sharp, Jr., AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/13/1988), was charged in MNCIS file 27-CR-21-1980 with Theft (Felony) arising from an incident alleged to have occurred on January 27, 2021; in MNCIS file 27-CR-21-20072 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 1, 2021; in MNCIS file 27-CR-21-20988 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on November 9, 2021; in MNCIS file 27-CR-21-21355 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred November 16, 2021; in MNCIS file 27-CR-21-23188 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 11, 2021; in MNCIS file 27-CR-21-23215 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 16, 2021; in MNCIS file 27-CR-22-4087 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 9, 2021; in MNCIS file 27-CR-22-22963 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on May 27, 2022; and in MNCIS file 27-CR-23-1752 with 4th Degree Damage to Property and Trespass (Misdemeanor) arising from an incident alleged to have occurred on ===== PAGE 002/005 ===== January 22, 2023. On August 9, 2022, Judge Gina Brandt found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 3, 2022, Judge Melissa Houghtaling ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Cory Strecker, Assistant Hennepin County Attorney – Criminal Division; Hilary Minor, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Cory Strecker, Assistant Hennepin County Attorney; e. Hilary Minor, Assistant Hennepin County Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-4898 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-4898_Finding of Incompetency and Order_2024-03-12_20240429040213.pdf ===== --- meta case_number: 27-CR-22-4898 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-7797 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-7797_Finding of Incompetency and Order_2023-02-22_20240429040528.pdf ===== --- meta case_number: 27-CR-22-7797 defendant: Carmen Bendu Greaves filing_type: Finding of Incompetency and Order filing_date: 2023-02-22 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 22, 2023 1:34 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-23628, 27-CR-7797, State of Minnesota, 27-CR-22-9010, 27-CR-22-25134 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Carmen Bendu Greaves, Defendant. This matter came before the undersigned Referee of District Court on February 21, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Madeline Baskfield, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 10/03/1978), was convicted in MNCIS file 27-CR-21-23628 with three felony charges. Defendant was charged in MNCIS file 27-CR-22-7797 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on 04/22/2022. Defendant was charged in MNCIS file 27-CR-22-9010 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on 05/06/2022. Defendant was charged in 27-CR-22-25134 with Violate No Contact Order (Felony) and Domestic Abuse (Felony) arising from an incident alleged to have occurred on 12/14/2022. 2. On 01/18/2023, Referee Mercurio ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/005 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Lisa Godon, Assistant Hennepin County Attorney – Criminal Division; Madeline Baskfield, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/005 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/005 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 22, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Madeline Baskfield, Assistant Hennepin County Public Defender; c. Lisa Godon, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-7797 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-7797_Finding of Incompetency and Order_2024-03-05_20240429040524.pdf ===== --- meta case_number: 27-CR-22-7797 defendant: Carmen Bendu Greaves filing_type: Finding of Incompetency and Order filing_date: 2024-03-05 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 06, 2024 2:14 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-23628; 27-CR-22- State of Minnesota, 7797; 27-CR-22-9010; 27-CR-22-25134 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Carmen Bendu Greaves, Defendant. This matter came before the undersigned Judge of District Court on March 5, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Madeline Baskfield, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 10/03/1978), was convicted in MNCIS file 27-CR-21-23628 with Burglary – 1st Degree (Felony), Domestic Abuse (Felony), and Violate No Contact Order (Felony) arising from an incident that occurred on December 22, 2021. Defendant was charged in MNCIS file 27-CR-22-7797 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on April 22, 2022; in MNCIS file 27-CR-22-9010 with Violate No Contact Order (Felony) arising from an incident that occurred on May 6, 2022; and in MNCIS file 27-CR-22-25134 with Violate No Contact Order (Felony) and Domestic Abuse (Felony) arising from an incident alleged to have occurred on December 14, 2022. 2. On February 2, 2024, Judge Jean Burdorf ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Catherine A. Carlson, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. Catherine A. Carlson, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Joshua Luger, Assistant Hennepin County Attorney – Criminal Division; Madeline Baskfield, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/005 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. 3 ===== PAGE 004/005 ===== This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 3, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Madeline Baskfield, Assistant Hennepin County Public Defender; c. Joshua Luger, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-22-9720 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-9720_Finding of Incompetency and Order_2024-02-02_20240429152432.pdf ===== --- meta case_number: 27-CR-22-9720 defendant: EMANUEL OMAR BLACK filing_type: Finding of Incompetency and Order filing_date: 2024-02-02 pages: 003 --- end meta ===== PAGE 001/003 ===== Filed in District Court State of Minnesota Feb 02, 2024 10:12 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-9720, 27-CR-23- State of Minnesota, 16226, 27-CR-23-17424, 27-CR-23-23670, 27-CR-23-25310, 27-CR-23-17576; 27-CR- Plaintiff, 22-12076, 27-CR-24-2150 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Emanuel Omar Black, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on January 30, 2024. The hearing was held remotely using the Zoom internet platform. Michelle Doffing, Minneapolis City Attorney, represented the State. Defendant appeared in custody and was represented by Elizabeth Scott, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 11/05/1996), was charged in MNCIS file 27-CR-22-9720 with Theft (Misdemeanor) and Trespass (Misdemeanor) arising from an incident alleged to have occurred on May 21, 2022; in MNCIS file 27-CR-23-16226 with Theft (Misdemeanor) arising from an incident alleged to have occurred on July 30, 2023; in MNCIS file 27-CR-23-17424 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 16, 2023; in MNCIS file 27-CR-23-23670 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on November 3, 2023; in MNCIS file 27-CR-23-25310 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on November 27, 2023; in MNCIS file 27-CR-23-17576 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 19, 2023; in MNCIS file 27-CR-22-12076 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on June 8, 2022; and in MNCIS file 27-CR-24-2150 with Interrupt/Disrupt/Interfere with Emergency CB Radio (Misdemeanor), 4th Degree Damage to Property (Misdemeanor), and Transit- ===== PAGE 002/003 ===== Obstruct/Interfere with Operation of Vehicle (Misdemeanor) arising from an incident alleged to have occurred on January 26, 2024. 2. On November 28, 2023, Judge Thomas J. Conley ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The misdemeanor charges are dismissed pursuant to Rule 20.01. 2. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 3. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 4. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 5. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances. 2 ===== PAGE 003/003 ===== 6. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 7. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 8. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 9. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT 3 ============ 27-CR-22-10646 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-10646_Finding of Incompetency and Order_2023-11-28_20240429152949.pdf ===== --- meta case_number: 27-CR-22-10646 defendant: LAMAR GLASS filing_type: Finding of Incompetency and Order filing_date: 2023-11-28 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Nov 28, 2023 12:41 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-10646 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Lamar Glass, Defendant. This matter was scheduled to come before the undersigned Referee of the District Court on November 28, 2023. Travis Huddy, Assistant Hennepin County Attorney, represented the plaintiff. Defendant was represented by Allison Chadwick, Assistant Hennepin County Public Defender. Prior to the hearing, the parties agreed to the finding of incompetency and requested the finding be entered administratively without a hearing. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 12/15/1975), was charged in MNCIS file 27-CR-22-10646 with Assault-2nd Degree-Dangerous Weapon-Substantial Bodily Harm (Felony) arising from an incident alleged to have occurred on 06/01/2022. On May 31, 2023, Judge Browne found probable cause to believe that the offense was committed and that Defendant committed it. 2. On May 31, 2023, Judge Browne ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristine Kienlen, Psy.D., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristine Kienlen, Psy.D., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Travis Huddy, Assistant Hennepin County Attorney – Criminal Division; Allison Chadwick, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation 2 ===== PAGE 003/004 ===== agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 3 ===== PAGE 004/004 ===== 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is May 28, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Allison Chadwick, Assistant Hennepin County Public Defender; c. Travis Huddy, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-22-12076 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-12076_Finding of Incompetency and Order_2024-02-02_20240429153145.pdf ===== --- meta case_number: 27-CR-22-12076 defendant: Emanuel Omar Black filing_type: Finding of Incompetency and Order filing_date: 2024-02-02 pages: 003 --- end meta ===== PAGE 001/003 ===== Filed in District Court State of Minnesota Feb 02, 2024 10:12 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-9720, 27-CR-23- State of Minnesota, 16226, 27-CR-23-17424, 27-CR-23-23670, 27-CR-23-25310, 27-CR-23-17576; 27-CR- Plaintiff, 22-12076, 27-CR-24-2150 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Emanuel Omar Black, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on January 30, 2024. The hearing was held remotely using the Zoom internet platform. Michelle Doffing, Minneapolis City Attorney, represented the State. Defendant appeared in custody and was represented by Elizabeth Scott, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 11/05/1996), was charged in MNCIS file 27-CR-22-9720 with Theft (Misdemeanor) and Trespass (Misdemeanor) arising from an incident alleged to have occurred on May 21, 2022; in MNCIS file 27-CR-23-16226 with Theft (Misdemeanor) arising from an incident alleged to have occurred on July 30, 2023; in MNCIS file 27-CR-23-17424 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 16, 2023; in MNCIS file 27-CR-23-23670 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on November 3, 2023; in MNCIS file 27-CR-23-25310 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on November 27, 2023; in MNCIS file 27-CR-23-17576 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 19, 2023; in MNCIS file 27-CR-22-12076 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on June 8, 2022; and in MNCIS file 27-CR-24-2150 with Interrupt/Disrupt/Interfere with Emergency CB Radio (Misdemeanor), 4th Degree Damage to Property (Misdemeanor), and Transit- ===== PAGE 002/003 ===== Obstruct/Interfere with Operation of Vehicle (Misdemeanor) arising from an incident alleged to have occurred on January 26, 2024. 2. On November 28, 2023, Judge Thomas J. Conley ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The misdemeanor charges are dismissed pursuant to Rule 20.01. 2. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 3. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 4. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 5. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances. 2 ===== PAGE 003/003 ===== 6. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 7. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 8. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 9. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT 3 ============ 27-CR-22-13185 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-13185_Finding of Incompetency and Order_2023-04-13_20240429161143.pdf ===== --- meta case_number: 27-CR-22-13185 defendant: MARK ANTHONY REINHART filing_type: Finding of Incompetency and Order filing_date: 2023-04-13 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Apr 13, 2023 8:11 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-7578; 27-CR-22- State of Minnesota, 8532; 27-CR-22-9449; 27-CR-22-10914; 27- CR-22-11384; 27-CR-22-13185; 27-CR-22- Plaintiff, 14723; 27-CR-23-2104; 27-CR-23-5213 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Mark Anthony Reinhart, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on April 11, 2023. The hearing was held remotely using the Zoom internet platform. Heidi Johnson, Minneapolis City Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Shawna Kosel, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 02/10/1962) was charged in MNCIS file 27-CR-22-13185 with Indecent Exposure/Lewdness (Gross Misdemeanor) and Indecent Exposure-Public Place, Indecent Conduct, and Disorderly Conduct (Misdemeanors) arising from an incident alleged to have occurred on July 5, 2022; MNCIS file 27-CR-22-14723 with Trespass (Gross Misdemeanor) and Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on June 21, 2022; MNCIS file 27-CR-23-5213 with Trespass on Critical Public Service Facilities, Pipeline, Utility (Gross Misdemeanor) and No person shall urinate or defecate except in comfort stations (Misdemeanor) arising from an incident alleged to have occurred on March 8, 2023; MNCIS file 27-CR-22-7578 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on April 21, 2022; MNCIS file 27-CR-22-8532 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on May 4, 2022; MNCIS file 27-CR-22-9449 with Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on May 17, 2022; MNCIS file 27-CR-22-10914 with Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on June 7, 2022; ===== PAGE 002/005 ===== MNCIS file 27-CR-22-11384 with Public Urination Prohibited and Disorderly Conduct (Misdemeanors) arising from an incident alleged to have occurred on June 12, 2022; MNCIS file 27-CR-23-2104 with Theft (Misdemeanor) arising from an incident alleged to have occurred on January 26, 2023. On March 9, 2023, Judge Bev Benson found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On March 9, 2023, Judge Bev Benson ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charges. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten days of the date of service. Heidi Johnston, Minneapolis City Attorney – Criminal Division; Bloomington City Attorney; Christopher Renz, Attorney for Metropolitan Airports Commission; Shawna Kosel, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure 3 ===== PAGE 004/005 ===== facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least fourteen (14) days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 4 ===== PAGE 005/005 ===== 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 10, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Shawna Kosel, Assistant Hennepin County Public Defender; c. Heidi Johnston, Minneapolis City Attorney – Criminal Division; d. Bloomington City Attorney; e. Christopher Renz, Attorney for Metropolitan Airports Commission; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-22-13941 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-13941_Finding of Incompetency and Order_2023-05-10_20240429161312.pdf ===== --- meta case_number: 27-CR-22-13941 defendant: TIA TIAUNNA PAYNE filing_type: Finding of Incompetency and Order filing_date: 2023-05-10 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota May 10, 2023 6:10 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-13941 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Tia Tiaunna Payne, Defendant. This matter came before the undersigned Judge of District Court on May 9, 2023. The hearing was held remotely using the Zoom internet platform. Thomas Arneson, Assistant Hennepin County Attorney, appeared for the State. Defendant appeared out of custody and was represented by Attorney Mark Seeger. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 12/19/1980), was charged in MNCIS file 27-CR-22-13941 with Assault – 4th Degree – Peace Officer – Throws/transfers bodily fluids or feces at or onto officer (Felony); Assault-5th Degree-Fear of Bodily Harm or Death (Misdemeanor) arising from an incident alleged to have occurred on 07/16/2022. On January 20, 2023, Judge Meyer found probable cause to believe that the offenses were committed, and that Defendant committed them. 2. On January 20, 2023, Judge Meyer ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/004 ===== 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charges. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kaitlin Anderson, Assistant Hennepin County Attorney – Criminal Division; Mark Seeger, Attorney at Law 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/004 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 3 ===== PAGE 004/004 ===== 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 7, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Mark Seeger, Attorney at Law; c. Kaitlin Anderson, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: 4 ============ 27-CR-22-14493 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-14493_Finding of Incompetency and Order_2024-02-27_20240429161527.pdf ===== --- meta case_number: 27-CR-22-14493 defendant: TIMOTHY TERRELL STUCKEY filing_type: Finding of Incompetency and Order filing_date: 2024-02-27 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 28, 2024 11:11 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-9546; State of Minnesota, 27-CR-22-14493 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Timothy Terrell Stuckey, COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on February 27, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 11/28/1978), was charged in MNCIS file 27-CR-23-9546 with Simple Robbery (Felony) arising from an incident alleged to have occurred on May 5, 2023; and in MNCIS file 27-CR-22-14493 with Theft (Misdemeanor) arising from an incident alleged to have occurred on July 1, 2022. On June 7, 2023, Judge William Koch found probable cause to believe that the felony offense was committed and that Defendant committed it. 2. On January 29, 2024, Judge William Koch ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Maria Mulvihill, Assistant Hennepin County Attorney – Criminal Division; Christine Irfanullah, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; 2 ===== PAGE 003/005 ===== physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/005 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 27, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Christine Irfanullah, Assistant Hennepin County Public Defender (Christine.irfanullah@hennepin.us); c. Maria Mulvihill, Assistant Hennepin County Attorney (maria.mulvihill@hennepin.us); d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-22-15550 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-15550_Finding of Incompetency and Order_2023-07-12_20240429161911.pdf ===== --- meta case_number: 27-CR-22-15550 defendant: BRITTANY LATESHA CRUTCHFIELD filing_type: Finding of Incompetency and Order filing_date: 2023-07-12 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jul 12, 2023 11:36 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-19723; State of Minnesota, 27-CR-21-23456; 27-CR-22-15550; 27-CR-23-6045; 27-CR-23-8012 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Brittany Latesha Crutchfield, COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on July 11, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 03/06/1988), was charged in MNCIS file 27-CR-21-19723 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 21, 2021; in MNCIS file 27-CR-21-23456 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 19, 2021; in MNCIS file 27-CR-22-15550 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on August 5, 2022; in MNCIS file 27-CR-23-6045 with Trespassing (Misdemeanor) arising from an incident alleged to have occurred on March 21, 2023; and in MNCIS file 27-CR-23-8012 with Theft (Misdemeanor) arising from an incident alleged to have occurred on April 16, 2023. 2. On June 8, 2023, Judge David Piper ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/004 ===== 4. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Megan Gjere, Assistant Hennepin County Attorney – Criminal Division; Alicia Granse, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the 2 ===== PAGE 003/004 ===== records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/004 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is January 9, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Alicia Granse, Assistant Hennepin County Public Defender; c. Megan Gjere, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-22-17300 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-17300_Finding of Incompetency and Order_2023-05-02_20240429162002.pdf ===== --- meta case_number: 27-CR-22-17300 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-17300 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-17300_Finding of Incompetency and Order_2023-11-01_20240429161959.pdf ===== --- meta case_number: 27-CR-22-17300 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-22-18209 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-18209_Finding of Incompetency and Order_2023-01-24_20240429162103.pdf ===== --- meta case_number: 27-CR-22-18209 defendant: JULIET KAY HIGGINS filing_type: Finding of Incompetency and Order filing_date: 2023-01-24 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jan 25, 2023 7:09 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-18209; State of Minnesota, 27-CR-23-66; 27-CR-23-574; 27-CR-23-762 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Juliet Kay Higgins, Defendant. This matter came before the undersigned Judge of District Court on January 24, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff in Court File No. 27-CR-22-18209. Defendant appeared in custody and was represented by Raissa Carpenter, Assistant Hennepin County Public Defender. Megan Griffin, Minneapolis City Attorney, appeared on behalf of the plaintiff in Court File Nos. 27-CR-23-66, 27-CR-23-574, and 27-CR-23-762. Pursuant to agreement of the parties, the Court is applying these findings to cases 27-CR-23-66, 27-CR-23-574, and 27-CR-23-762. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/30/1968), was charged in MNCIS file 27-CR-22-18209 with Domestic Assault (Felony) arising from an incident alleged to have occurred on 09/11/2022. On 10/13/2022, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On 10/13/2022, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristine Kienlen, Psy.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristine Kienlen, Psy.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/004 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges in 27-CR-23- 66, 27-CR-23-574, and 27-CR-23-762 must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Dominic Haik, Assistant Hennepin County Attorney – Criminal Division; Raissa Carpenter, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/004 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 12. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal 3 ===== PAGE 004/004 ===== shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 13. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 14. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 25, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Raissa Carpenter, Assistant Hennepin County Public Defender; c. Dominic Haik, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 15. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 4 ============ 27-CR-22-18789 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-18789_Finding of Incompetency and Order_2023-03-15_20240429162251.pdf ===== --- meta case_number: 27-CR-22-18789 defendant: MOLLY ANNE PRICE filing_type: Finding of Incompetency and Order filing_date: 2023-03-15 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Mar 15, 2023 1:25 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-18789 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Molly Anne Price, Defendant. This matter came before the undersigned Referee of District Court on March 14, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/17/1987), was charged in MNCIS file 27-CR-22-18789 with Threats of Violence (Felony) arising from an incident alleged to have occurred on 09/19/2022. On 10/21/2022, Judge Michael Burns found probable cause to believe that the offense was committed and that Defendant committed it. 2. On 12/29/2022, Judge Michael Burns ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristine Kienlen, Psy.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristine Kienlen, Psy.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Erin Stephens, Assistant Hennepin County Attorney – Criminal Division; Jesse Dong, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/004 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 3 ===== PAGE 004/004 ===== 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 12, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Jesse Dong, Assistant Hennepin County Public Defender; c. Erin Stephens, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-22-18938 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-18938_Finding of Incompetency and Order_2023-01-11_20240429162443.pdf ===== --- meta case_number: 27-CR-22-18938 defendant: NURADIN MOHAMUD filing_type: Finding of Incompetency and Order filing_date: 2023-01-11 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jan 11, 2023 3:20 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-18938 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Nuradin Mohamud, Defendant. This matter came before the undersigned Referee of District Court on January 10, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Judith Samson, Esq. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/26/1982), was charged with two counts of Aggravated Robbery- 1st Degree (Felony) arising from an incident alleged to have occurred on 05/11/2022. On 11/21/2022, Referee Lyonel Norris found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On 11/21/2022, Referree Lyonel Norris ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, and Dr. Casey Boland, Psy.D., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, and Dr. Casey Boland, Psy.D., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability ===== PAGE 002/004 ===== to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Daniel Robert Provencher, Assistant Hennepin County Attorney – Criminal Division; Judith Samson, Defense Attorney 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/004 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 12. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how 3 ===== PAGE 004/004 ===== the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 13. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 14. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 11, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Judith Samson, Defense Attorney; c. Daniel Robert Provencher, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 15. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-22-18938 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-18938_Finding of Incompetency and Order_2024-02-27_20240429162439.pdf ===== --- meta case_number: 27-CR-22-18938 defendant: NURADIN MOHAMUD filing_type: Finding of Incompetency and Order filing_date: 2024-02-27 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Feb 28, 2024 10:22 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-18938 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Nuradin Mohamud, Defendant. This matter came before the undersigned Judge of District Court on February 27, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared out of custody and was represented by Judith Samson, Esq. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/26/1982), was charged in MNCIS file 27-CR-22-18938 with two counts of Aggravated Robbery – 1st Degree (Felony) arising from an incident alleged to have occurred on May 11, 2022. On November 21, 2022, Referee Lyonel Norris found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On November 8, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Allison Reyerson, Assistant Hennepin County Attorney – Criminal Division; Judith Samson, Attorney for Defendant 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/004 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 3 ===== PAGE 004/004 ===== 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 27, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Judith Samson, Attorney for Defendant (jsamsonlaw@gmail.com); c. Allison Reyerson, Assistant Hennepin County Attorney (Allison.reyerson@hennepin.us); d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 4 ============ 27-CR-22-19036 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-19036_Finding of Incompetency and Order_2023-06-21_20240429162550.pdf ===== --- meta case_number: 27-CR-22-19036 defendant: Crystal Latasha Mcbounds filing_type: Finding of Incompetency and Order filing_date: 2023-06-21 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 21, 2023 9:20 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-19036, 27-CR-19- State of Minnesota, 20828, 27-CR-23-1481 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Crystal Latasha Mcbounds, Defendant. This matter came before the undersigned Judge of District Court on June 20, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Allison Chadwick, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/24/1998), was charged in MNCIS file 27-CR-22-19036 with 2nd Degree Assault (Felony) arising from an incident alleged to have occurred on July 15, 2022. On November 28, 2022, Judge Carolina Lamas found probable cause to believe that the offense was committed and that Defendant committed it. Defendant was charged in MNCIS file 27- CR-19-20828 with Disorderly Conduct- Brawling or Fighting (Misdemeanor) arising from an incident alleged to have occurred on August 23, 2019 and charged in MNCIS file 27-CR-23- 1481 with Assault-5th Degree-Inflict or Attempt Bodily Harm and Disorderly Conduct- Brawling or Fighting (Misdemeanor) arising from an incident alleged to have occurred on July 16, 2022. On January 25, 2023, Judge Carolina Lama found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On May 2, 2023, Judge Julie Allyn ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Katheryn Cranbrook, PsyD, ABPP, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Katheryn Cranbrook, PsyD, ABPP, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Samuel Colich, Assistant Hennepin County Attorney – Criminal Division; Allison Chadwick, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/005 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is December 19, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 4 ===== PAGE 005/005 ===== a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Allison Chadwick, Assistant Hennepin County Public Defender; c. Samuel Colich, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-22-19036 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-19036_Finding of Incompetency and Order_2024-03-11_20240429162538.pdf ===== --- meta case_number: 27-CR-22-19036 defendant: Crystal Latasha Mcbounds filing_type: Finding of Incompetency and Order filing_date: 2024-03-11 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Mar 11, 2024 3:12 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-19036 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Crystal Latasha Mcbounds, Defendant. This matter was scheduled to come before the undersigned Referee of District Court on March 12, 2024. Jenna Dominik, Assistant Hennepin County Attorney, represented the plaintiff. Defendant and was represented by Allison Chadwick, Assistant Hennepin County Public Defender. Prior to the hearing, the parties agreed to an entry of a finding of incompetency without a hearing. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/24/1998), was charged in MNCIS file 27-CR-22-19036 with Assault-2nd Degree-Dangerous Weapon (Felony) arising from an incident alleged to have occurred on 07/15/2022. On October 13, 2023, Judge Michael Browne found probable cause to believe that the offense was committed and that Defendant committed it. 2. On October 13, 2023, Judge Michael Browne ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Adam Gierok, PsyD, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Adam Gierok, PsyD, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Jenna Dominik, Assistant Hennepin County Attorney – Criminal Division; Allison Chadwick, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/004 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 3 ===== PAGE 004/004 ===== 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Allison Chadwick, Assistant Hennepin County Public Defender (allison.chadwick@hennepin.us); c. Jenna Dominik, Assistant Hennepin County Attorney (jenna.dominik@hennepin.us); d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-22-21679 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-21679_Finding of Incompetency and Order_2023-05-02_20240429162858.pdf ===== --- meta case_number: 27-CR-22-21679 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-21925 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-21925_Finding of Incompetency and Order_2023-02-16_20240429162956.pdf ===== --- meta case_number: 27-CR-22-21925 defendant: Abdinour Mohamed Alasow filing_type: Finding of Incompetency and Order filing_date: 2023-02-16 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 16, 2023 12:16 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-21925, 27-CR-22- State of Minnesota, 23317, 27-CR-23-512 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Abdinour Mohamed Alasow, Defendant. This matter came before the undersigned Referee of District Court on February 14, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1997), was charged in MNCIS file 27-CR-22-21925 with Trespass (Gross Misdemeanor) and Interfere with Privacy (Gross Misdemeanor) arising from an incident alleged to have occurred on 04/15/2022. Defendant was charged in MNCIS file 27- CR-23-512 with Trespass (Gross Misdemeanor) and Indecent Exposure (Misdemeanor) arising from an incident alleged to have occurred on 01/05/2023. On 01/09/2023, Judge Siegesmund found probable cause to believe that the offenses were committed, and that Defendant committed them. 2. Defendant was also charged in MNCIS file 27-CR-22-23317 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on 08/04/2022. 3. On 01/09/2023, Judge Siegesmund ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 5. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. John Monnens, Assistant Hennepin County Attorney; Christopher Renz, Prosecuting Attorney for Metropolitan Airports Commission; Rebecca Noothed and Freya Whiting, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/005 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 15, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 4 ===== PAGE 005/005 ===== a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Rebecca Noothed, Assistant Hennepin County Public Defender; c. Freya Whiting, Assistant Hennepin County Public Defender; d. John Monnens, Assistant Hennepin County Attorney; e. Christopher Renz, Prosecuting Attorney for Metropolitan Airports Commission; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-22521 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-22521_Finding of Incompetency and Order_2023-02-15_20240429163112.pdf ===== --- meta case_number: 27-CR-22-22521 defendant: Dennis Joseph Barry filing_type: Finding of Incompetency and Order filing_date: 2023-02-15 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 15, 2023 11:36 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-22521, 27-CR-21- State of Minnesota, 10675, 27-CR-21-11624, 27-CR-21-21893, 27-CR-22-3570, 27-CR-22-17662, 27-CR-22- Plaintiff, 18518 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Dennis Joseph Barry, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on February 14, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/14/1977), was charged in MNCIS file 27-CR-22-22521 with five counts of 2nd Degree Burglary (Felony) arising from an incident alleged to have occurred on 08/02/2022. On 01/11/2023, Judge Allyn found probable cause to believe that the offenses were committed and that Defendant committed them. 2. Defendant was also charged in MNCIS file 27-CR-21-10675 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on 05/03/2021. Defendant was charged in MNCIS file 27-CR-21-11624 with Theft (Misdemeanor) arising from an incident alleged to have occurred on 06/20/2021. Defendant was charged in MNCIS file 27-CR-21- 21893 with Possession of drug paraphernalia in a public place (Misdemeanor) arising from an incident alleged to have occurred on 11/28/2021. Defendant was charged in MNCIS file 27- CR-22-3570 with Threats of Violence (Felony) arising from an incident alleged to have occurred on 02/20/2022. Defendant was charged in MNCIS file 27-CR-22-17662 with Criminal Damage to Property (Misdemeanor) arising from an incident alleged to have occurred on 09/02/2022. Defendant was charged in MNCIS file 27-CR-22-18518 with Carrying ===== PAGE 002/005 ===== weapons and facsimile firearms prohibited (Misdemeanor) arising from an incident alleged to have occurred on 09/10/2022. 3. On 01/11/2023, Judge Allyn ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 4. Dr. Gregory A. Hanson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 5. Dr. Gregory A. Hanson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kaitlin Anderson, Assistant Hennepin County Attorney – Criminal Division; Joseph McInnis, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 2 ===== PAGE 003/005 ===== 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 3 ===== PAGE 004/005 ===== 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 4 ===== PAGE 005/005 ===== 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 15, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Joseph McInnis, Assistant Hennepin County Public Defender; c. Kaitlin Anderson, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-22687 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-22687_Finding of Incompetency and Order_2023-06-14_20240429163209.pdf ===== --- meta case_number: 27-CR-22-22687 defendant: CHASE RADLEY GREEN filing_type: Finding of Incompetency and Order filing_date: 2023-06-14 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jun 14, 2023 8:32 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-3377, 27-CR-22- State of Minnesota, 22687, 27-CR-23-4971 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Chase Radley Green, Defendant. This matter came before the undersigned Judge of District Court on June 13, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared out of custody and was represented by Eve Byron, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 04/15/1984), was charged in MNCIS file 27-CR-22-3377 with Theft (Felony) arising from an incident alleged to have occurred on February 19, 2022; in MNCIS file 27-CR-22-22687 with Theft (Misdemeanor) arising from an incident alleged to have occurred on November 14, 2022; and in MNCIS file 27-CR-23-4971 with 5th Degree Drugs (Felony) arising from an incident alleged to have occurred on February 25, 2023. 2. On April 21, 2023, Judge Amber Brennan ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristine Kienlen, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristine Kienlen, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Nicholas Nathanial Summers, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; 2 ===== PAGE 003/004 ===== physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 3 ===== PAGE 004/004 ===== 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is December 12, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Nicholas Nathanial Summers, Assistant Hennepin County Attorney; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 4 ============ 27-CR-22-22963 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-22963_Finding of Incompetency and Order_2023-06-01_20240429163939.pdf ===== --- meta case_number: 27-CR-22-22963 defendant: GORDON EUGENE SHARP, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:23 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-1980, 27-CR-21- State of Minnesota, 20072, 27-CR-21-20988, 27-CR-21-21355, 27-CR-21-23188, 27-CR-21-23215, 27-CR- Plaintiff, 22-4087, 27-CR-22-22963, 27-CR-23-1752 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Gordon Eugene Sharp, Jr., AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/13/1988), was charged in MNCIS file 27-CR-21-1980 with Theft (Felony) arising from an incident alleged to have occurred on January 27, 2021; in MNCIS file 27-CR-21-20072 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on October 1, 2021; in MNCIS file 27-CR-21-20988 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on November 9, 2021; in MNCIS file 27-CR-21-21355 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred November 16, 2021; in MNCIS file 27-CR-21-23188 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 11, 2021; in MNCIS file 27-CR-21-23215 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 16, 2021; in MNCIS file 27-CR-22-4087 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on December 9, 2021; in MNCIS file 27-CR-22-22963 with 3rd Degree Burglary (Felony) arising from an incident alleged to have occurred on May 27, 2022; and in MNCIS file 27-CR-23-1752 with 4th Degree Damage to Property and Trespass (Misdemeanor) arising from an incident alleged to have occurred on ===== PAGE 002/005 ===== January 22, 2023. On August 9, 2022, Judge Gina Brandt found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 3, 2022, Judge Melissa Houghtaling ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Cory Strecker, Assistant Hennepin County Attorney – Criminal Division; Hilary Minor, Assistant Hennepin County Attorney – Criminal Division; Chase Myhran, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chase Myhran, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Cory Strecker, Assistant Hennepin County Attorney; e. Hilary Minor, Assistant Hennepin County Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-23317 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-23317_Finding of Incompetency and Order_2023-02-16_20240429164130.pdf ===== --- meta case_number: 27-CR-22-23317 defendant: Abdinour Mohamed Alasow filing_type: Finding of Incompetency and Order filing_date: 2023-02-16 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 16, 2023 12:16 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-21925, 27-CR-22- State of Minnesota, 23317, 27-CR-23-512 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Abdinour Mohamed Alasow, Defendant. This matter came before the undersigned Referee of District Court on February 14, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1997), was charged in MNCIS file 27-CR-22-21925 with Trespass (Gross Misdemeanor) and Interfere with Privacy (Gross Misdemeanor) arising from an incident alleged to have occurred on 04/15/2022. Defendant was charged in MNCIS file 27- CR-23-512 with Trespass (Gross Misdemeanor) and Indecent Exposure (Misdemeanor) arising from an incident alleged to have occurred on 01/05/2023. On 01/09/2023, Judge Siegesmund found probable cause to believe that the offenses were committed, and that Defendant committed them. 2. Defendant was also charged in MNCIS file 27-CR-22-23317 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on 08/04/2022. 3. On 01/09/2023, Judge Siegesmund ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 5. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. John Monnens, Assistant Hennepin County Attorney; Christopher Renz, Prosecuting Attorney for Metropolitan Airports Commission; Rebecca Noothed and Freya Whiting, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/005 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 15, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 4 ===== PAGE 005/005 ===== a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Rebecca Noothed, Assistant Hennepin County Public Defender; c. Freya Whiting, Assistant Hennepin County Public Defender; d. John Monnens, Assistant Hennepin County Attorney; e. Christopher Renz, Prosecuting Attorney for Metropolitan Airports Commission; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-24045 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-24045_Finding of Incompetency and Order_2023-05-02_20240429164219.pdf ===== --- meta case_number: 27-CR-22-24045 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-24627 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-24627_Finding of Incompetency and Order_2023-03-08_20240429164355.pdf ===== --- meta case_number: 27-CR-22-24627 defendant: Rex Allen Basswood, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-03-08 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 08, 2023 9:34 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-6517, 27-CR-21- State of Minnesota, 23131, 27-CR-22-24627 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Rex Allen Basswood, Jr., Defendant. This matter came before the undersigned Judge of District Court on March 7, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Chelsea Knutson, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/19/1989), was charged in MNCIS file 27-CR-20-6517 with Theft (Felony) arising from an incident alleged to have occurred on 02/06/2020; in MNCIS file 27- CR-21-23131 with Theft (Felony) arising from an incident alleged to have occurred on 12/14/2021; and in MNCIS file 27-CR-22-24627 with Simple Robbery (Felony) arising from an incident alleged to have occurred on 11/08/2022. 2. On 12/30/2022, Judge Michael Browne ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Adam A. Milz, PhD, LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Adam A. Milz, PhD, LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Daniel Provencher, Assistant Hennepin County Attorney – Criminal Division; Chelsea Knutson, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation 2 ===== PAGE 003/005 ===== agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/005 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 5, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chelsea Knutson, Assistant Hennepin County Public Defender; c. Daniel Provencher, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-22-25134 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-25134_Finding of Incompetency and Order_2023-02-22_20240429164457.pdf ===== --- meta case_number: 27-CR-22-25134 defendant: Carmen Bendu Greaves filing_type: Finding of Incompetency and Order filing_date: 2023-02-22 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 22, 2023 1:34 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-23628, 27-CR-7797, State of Minnesota, 27-CR-22-9010, 27-CR-22-25134 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Carmen Bendu Greaves, Defendant. This matter came before the undersigned Referee of District Court on February 21, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Madeline Baskfield, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 10/03/1978), was convicted in MNCIS file 27-CR-21-23628 with three felony charges. Defendant was charged in MNCIS file 27-CR-22-7797 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on 04/22/2022. Defendant was charged in MNCIS file 27-CR-22-9010 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on 05/06/2022. Defendant was charged in 27-CR-22-25134 with Violate No Contact Order (Felony) and Domestic Abuse (Felony) arising from an incident alleged to have occurred on 12/14/2022. 2. On 01/18/2023, Referee Mercurio ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/005 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Lisa Godon, Assistant Hennepin County Attorney – Criminal Division; Madeline Baskfield, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/005 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/005 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 22, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Madeline Baskfield, Assistant Hennepin County Public Defender; c. Lisa Godon, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-22-25134 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-25134_Finding of Incompetency and Order_2024-03-05_20240429164453.pdf ===== --- meta case_number: 27-CR-22-25134 defendant: Carmen Bendu Greaves filing_type: Finding of Incompetency and Order filing_date: 2024-03-05 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 06, 2024 2:14 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-23628; 27-CR-22- State of Minnesota, 7797; 27-CR-22-9010; 27-CR-22-25134 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Carmen Bendu Greaves, Defendant. This matter came before the undersigned Judge of District Court on March 5, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Madeline Baskfield, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 10/03/1978), was convicted in MNCIS file 27-CR-21-23628 with Burglary – 1st Degree (Felony), Domestic Abuse (Felony), and Violate No Contact Order (Felony) arising from an incident that occurred on December 22, 2021. Defendant was charged in MNCIS file 27-CR-22-7797 with Violate No Contact Order (Felony) arising from an incident alleged to have occurred on April 22, 2022; in MNCIS file 27-CR-22-9010 with Violate No Contact Order (Felony) arising from an incident that occurred on May 6, 2022; and in MNCIS file 27-CR-22-25134 with Violate No Contact Order (Felony) and Domestic Abuse (Felony) arising from an incident alleged to have occurred on December 14, 2022. 2. On February 2, 2024, Judge Jean Burdorf ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Catherine A. Carlson, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. Catherine A. Carlson, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Joshua Luger, Assistant Hennepin County Attorney – Criminal Division; Madeline Baskfield, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/005 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. 3 ===== PAGE 004/005 ===== This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 3, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Madeline Baskfield, Assistant Hennepin County Public Defender; c. Joshua Luger, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-22-25151 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-22-25151_Finding of Incompetency and Order_2023-12-05_20240429164605.pdf ===== --- meta case_number: 27-CR-22-25151 defendant: NICOLE LORETTA KELM filing_type: Finding of Incompetency and Order filing_date: 2023-12-05 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Dec 13, 2023 2:21 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-25151 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Nicole Loretta Kelm, Defendant. This matter came before the undersigned Referee of District Court on December 5, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant was not present and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 10/17/1985), was charged in MNCIS file 27-CR-22-25151 with Assault – 2nd Degree (Felony) arising from an incident alleged to have occurred on December 14, 2022. On October 13, 2023, Judge Michael Burns found probable cause to believe that the offense was committed and that Defendant committed it. 2. On October 13, 2023, Judge Michael Burns ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Joseph Korevec, Psy.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Joseph Korevec, Psy.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/004 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Joshua Luger, Assistant Hennepin County Attorney – Criminal Division; Amanda Brodhag, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/004 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 3 ===== PAGE 004/004 ===== 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is June 4, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Amanda Brodhag, Assistant Hennepin County Public Defender (amanda.brodhag@hennepin.us); c. Joshua Luger, Assistant Hennepin County Attorney (joshua.luger@hennepin.us); d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-23-284 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-284_Finding of Incompetency and Order_2023-03-22_20240430071740.pdf ===== --- meta case_number: 27-CR-23-284 defendant: MOHAMED ABDI SHIDE filing_type: Finding of Incompetency and Order filing_date: 2023-03-22 pages: 006 --- end meta ===== PAGE 001/006 ===== Filed in District Court State of Minnesota Mar 22, 2023 11:09 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-17879, 27-CR-22- State of Minnesota, 20234, 27-CR-23-62, 27-CR-23-284, 27-CR- 23-1251, 27-CR-23-1657, 27-CR-23-2211, 27- Plaintiff, CR-23-3423 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Mohamed Abdi Shide, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on March 21, 2023. The hearing was held remotely using the Zoom internet platform. Megan Griffin, Minneapolis City Attorney, represented the plaintiff. Christopher Renz, counsel for the Metropolitan Airports Commission, waived his appearance. Defendant appeared in custody and was represented by Ashley Schoenborn, Assistant Hennepin County Public Defender. Also present was Sahil Kahin, Somali language interpreter. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/02/1987), was charged in MNCIS file 27-CR-22-17879 with Trespassing (Misdemeanor) arising from an incident alleged to have occurred on September 07, 2022; in MNCIS file 27-CR-22-20234 with Indecent Exposure (Misdemeanor) arising from an incident alleged to have occurred on October 10, 2022; in MNCIS file 27-CR-23-62 with 5th Degree Assault (Misdemeanor) arising from an incident alleged to have occurred on January 2, 2023; in MNCIS file 27-CR-23-284 with Trespass on Critical Public Service Facilities arising from an incident alleged to have occurred on January 3, 2023; in MNCIS file 27-CR-23-1251 with Indecent Exposure (Misdemeanor) and Trespass (Misdemeanor) arising from an incident alleged to have occurred on January 2, 2023; in MNCIS file 27-CR-23-1657 with Give Peace Officer False Name (Misdemeanor) arising from an incident alleged to have occurred on January 11, 2023; in MNCIS file 27-CR-23-2211 with 5th Degree Assault (Misdemeanor) arising from an incident alleged to have occurred on January 28, 2023; in ===== PAGE 002/006 ===== MNCIS file 27-CR-23-3423 with Indecent Exposure (Gross Misdemeanor) and Trespass on Critical Public Services Facilities (Gross Misdemeanor) from an incident alleged to have occurred on February 12, 2023. On February 14, 2023, Judge Larson found probable cause to believe that the offense(s) were committed and that Defendant committed them. 2. On February 14, 2023, Judge Larson ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Amanda Powers, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amanda Powers, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charge(s). The misdemeanor charges(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten days of the date of service. Heidi Johnston, Assistant Minneapolis City Attorney – Criminal Division; Gretchen Zettler, Assistant Minneapolis City Attorney – Criminal Division; Amy Jo Tripp-Steiner, Assistant Minneapolis City Attorney – Criminal Division; Christopher Renz, Attorney for Metropolitan Airport Commission; Patrick Marzitelli, Assistant Minneapolis City Attorney – Criminal Division; Ahmad Samaha, Assistant Minneapolis City Attorney – Criminal Division; 2 ===== PAGE 003/006 ===== Ashley Schoenborn, Assistant Hennepin County Public Defender; Yastril Nanez, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/006 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/006 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least fourteen (14) days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 19, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Ashley Schoenborn, Assistant Hennepin County Public Defender; c. Yastril Nanez, Assistant Hennepin County Public Defender d. Heidi Johnston, Assistant Minneapolis City Attorney – Criminal Division; e. Gretchen Zettler, Assistant Minneapolis City Attorney – Criminal Division; f. Amy Jo Tripp-Steiner, Assistant Minneapolis City Attorney – Criminal Division; g. Christopher Renz, Attorney for Metropolitan Airport Commission; h. Patrick Marzitelli, Assistant Minneapolis City Attorney – Criminal Division; i. Ahmad Samaha, Assistant Minneapolis City Attorney – Criminal Division; j. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); k. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. 5 ===== PAGE 006/006 ===== Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 6 ============ 27-CR-23-385 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-385_Finding of Incompetency and Order_2023-05-02_20240430071836.pdf ===== --- meta case_number: 27-CR-23-385 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-512 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-512_Finding of Incompetency and Order_2023-02-16_20240430071935.pdf ===== --- meta case_number: 27-CR-23-512 defendant: Abdinour Mohamed Alasow filing_type: Finding of Incompetency and Order filing_date: 2023-02-16 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 16, 2023 12:16 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-21925, 27-CR-22- State of Minnesota, 23317, 27-CR-23-512 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Abdinour Mohamed Alasow, Defendant. This matter came before the undersigned Referee of District Court on February 14, 2023. The hearing was held remotely using the Zoom internet platform. Robert Sorenson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1997), was charged in MNCIS file 27-CR-22-21925 with Trespass (Gross Misdemeanor) and Interfere with Privacy (Gross Misdemeanor) arising from an incident alleged to have occurred on 04/15/2022. Defendant was charged in MNCIS file 27- CR-23-512 with Trespass (Gross Misdemeanor) and Indecent Exposure (Misdemeanor) arising from an incident alleged to have occurred on 01/05/2023. On 01/09/2023, Judge Siegesmund found probable cause to believe that the offenses were committed, and that Defendant committed them. 2. Defendant was also charged in MNCIS file 27-CR-22-23317 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on 08/04/2022. 3. On 01/09/2023, Judge Siegesmund ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 5. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. John Monnens, Assistant Hennepin County Attorney; Christopher Renz, Prosecuting Attorney for Metropolitan Airports Commission; Rebecca Noothed and Freya Whiting, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/005 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 15, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 4 ===== PAGE 005/005 ===== a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Rebecca Noothed, Assistant Hennepin County Public Defender; c. Freya Whiting, Assistant Hennepin County Public Defender; d. John Monnens, Assistant Hennepin County Attorney; e. Christopher Renz, Prosecuting Attorney for Metropolitan Airports Commission; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-1101 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-1101_Finding of Incompetency and Order_2023-08-30_20240430072129.pdf ===== --- meta case_number: 27-CR-23-1101 defendant: MICHAEL CHANTEL WRIGHT filing_type: Finding of Incompetency and Order filing_date: 2023-08-30 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Aug 30, 2023 10:25 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-20-22772 State of Minnesota, 27-CR-20-22967 27-CR-23-1101 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Michael Chantel Wright, COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on August 29, 2023. The hearing was held remotely using the Zoom internet platform. Heidi Johnston, Minneapolis City Attorney, represented the plaintiff. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 04/03/1973), was charged in MNCIS file 27-CR-20-22772 with Harassment; Violation of Restraining Order (Misdemeanor) arising from an incident alleged to have occurred on September 18, 2019; MNCIS Case No. 27-CR-20-22967 with Harassment; Violation of Restraining Order (Misdemeanor) arising from an incident alleged to have occurred on October 24, 2020; and MNCIS Case No. 27-CR-23-1101 with Harassment; Return to Property – No Claim/ Right/ Consent (Gross Misdemeanor) and three counts of Harassment; Violation of Restraining Order (Misdemeanor) arising from an incident alleged to have occurred on July 17, 2020. In the latter case, on April 26, 2023, Judge Burdorf found probable cause to believe that the Gross Misdemeanor offense was committed and that Defendant committed it. 2. On April 26, 2023, Judge Burdorf ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/004 ===== 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charge(s). The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Zenaida Chico, Minneapolis City Attorney – Criminal Division; Juanita Louise Kyle, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/004 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/004 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is February 27, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Zenaida Chico, Minneapolis City Attorney – Criminal Division; c. Juanita Louise Kyle, Assistant Hennepin County Public Defender d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 4 ============ 27-CR-23-1101 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-1101_Finding of Incompetency and Order_2024-04-04_20240430072125.pdf ===== --- meta case_number: 27-CR-23-1101 defendant: MICHAEL CHANTEL WRIGHT filing_type: Finding of Incompetency and Order filing_date: 2024-04-04 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Apr 04, 2024 4:31 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-1101 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Michael Chantel Wright, Defendant. This matter came before the undersigned Referee/Judge of District Court on April 5, 2024. The hearing was held remotely using the Zoom internet platform. Megan Griffin City of Minneapolis represented the plaintiff. Defendant appeared out of custody and was represented by Melissa Fraser, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 04/30/1973), was charged in MNCIS file 27-CR-23-1101 with Harassment – Return to Property – No Claim/Right/Consent (Gross Misdemeanor), Harassment - Violation of Restraining Order (Misdemeanor), Harassment - Violation of Restraining Order (Misdemeanor), and Harassment - Violation of Restraining Order (Misdemeanor) arising from an incident alleged to have occurred on July 17, 2020. On April 26, 2023, Judge Burdorf found probable cause to believe that the offense(s) were committed and that Defendant committed them. 2. On April 26, 2023, Judge Burdorf ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/004 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charge. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Zenaida Chico, Hennepin County Attorney – Criminal Division; Juanita Kyle, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/004 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/004 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 1, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Zenaida Chico, Hennepin County Attorney – Criminal Division; c. Juanita Kyle, Assistant Hennepin County Public Defender d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Dated: April 4, 2024 Judge of District Court 4 ============ 27-CR-23-1886 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-1886_Finding of Incompetency and Order_2023-07-13_20240430072356.pdf ===== --- meta case_number: 27-CR-23-1886 defendant: MATTHEW DAVID GUERTIN filing_type: Finding of Incompetency and Order filing_date: 2023-07-13 pages: 007 --- end meta ===== PAGE 001/007 ===== 27-CR-23-1886 Filed in District Court State of Minnesota 7/13/2023 1:24 PM STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN PROBATE/MENTAL HEALTH DIVISION Court File No. 27-CR-23-1886 State of Minnesota, Plaintiff, FINDINGS OF FACT, v. CONCLUSIONS OF LAW, AND ORDER REGARDING Matthew David Guertin, COMPETENCY TO PROCEED Defendant. The above-entitled matter came before the district court, on July 7, 2023, for an evidentiary hearing regarding the Defendant’s competency. The hearing took place in person in Courtroom 456 at the Hennepin County Government Center. Jacqueline Perez, Assistant Hennepin County Attorney, appeared for the State. The Defendant appeared along with his attorney, Bruce Rivers, Esq. Jill E. Rogstad, Ph.D., LP, ABPP (Forensic), Senior Clinical Forensic Psychologist at the Fourth Judicial District Court, testified at the hearing and the court received into evidence her Curriculum Vitae (Exhibit 2), and her Forensic Evaluation Report dated March 10, 2023 (Exhibit 3). The court also received into evidence a copy of United States Patent No. 11,577,177 B2 dated February 14, 2023 (Exhibit 1), as well as testimony from the Defendant. The matter was referred for hearing to the undersigned district court referee, who after considering the evidence, the arguments presented, and all the files and records herein, reports to the court making the following recommended Findings of Fact, Conclusions of Law and Order: 1. Defendant is currently INCOMPETENT to proceed. FINDINGS OF FACT The Defendant, Matthew David Guertin, is charged in MNCIS file 27-CR-23-1886 with Dangerous Weapons-Reckless Discharge of Firearm Within a Municipality (Felony), Firearm- 1 ===== PAGE 002/007 ===== 27-CR-23-1886 Filed in District Court State of Minnesota 7/13/2023 1:24 PM Serial Number-Receive/Possess With No Serial Number (Felony), Firearm-Serial Number- Receive/Possess With No Serial Number (Felony), and Firearm-Serial Number-Receive/Possess With No Serial Number (Felony), from an incident alleged to have occurred on January 21, 2023. On January 25, 2023, the Honorable Lyonel Norris, Referee of District Court, found probable cause to believe that the offenses were committed and that Defendant committed them. He then ordered that a Rule 20.01 evaluation be completed. Jill E. Rogstad, Ph.D., LP, ABPP (Forensic), was assigned to complete the evaluation of the Defendant. She filed her report on March 10, 2023, opining that Mr. Guertin is incompetent and provided the following diagnoses: Unspecified Schizophrenia Spectrum and Other Psychotic Disorder (primary). Mr. Guertin challenges Dr. Rogstad’s conclusion, taking the position that he is competent to proceed in his criminal matters. Mr. Guertin testified that he is currently employed as the Chief Executive Officer (CEO) of a start-up company. His company is listed as the assignee on United States Patent No. 11,577,177 B2, and he, as an individual, is listed as the inventor and the applicant. Ex. 1. Mr. Guertin testified that he understands his charges, noting that reckless discharge of a firearm in a municipality is a felony with a maximum of a two-year sentence. He notes that he and his attorney have discussed possible defenses; that he understands the information relayed to him by his attorney; and that there is nothing impeding their relationship. In fact, Mr. Guertin and his attorney, Mr. Rivers, have had a professional relationship for many years. Mr. Guertin also admitted to having been through criminal proceedings in the past. While he acknowledged that he may not understand all the technicalities of criminal proceedings, he indicates that he would ask his attorney if he had questions about the proceedings. Mr. Guertin appeared well-dressed, noting that he wore a tie to court “to be presentable.” He presents as intelligent and passionate about his work with technology, including his patent. However, much of his testimony was focused on his 2 ===== PAGE 003/007 ===== 27-CR-23-1886 Filed in District Court State of Minnesota 7/13/2023 1:24 PM technological work and patent, and he required frequent redirection to stay on point. In fact, there were times during his testimony that Mr. Guertin became lost in his answer to a question because of rambling statements about his patent or other unrelated topics. For instance, when discussing the events that led to what he describes as the “most cordial standoff ever” [with the police], Mr. Guertin began discussing his actions in firing his gun in order to attract the police. He did so instead of calling 911 because he could not trust his electronic devices due to his suspicions involving Netflix and Microsoft and protection of his patent. The court appreciates Mr. Guertin’s testimony and his participation in the hearing; however, the court has serious concerns regard Mr. Guertin’s ability to meaningfully participate in criminal proceedings and understand the process, given his perseveration regarding his patent, and his delusional beliefs about others. Dr. Rogstad opines that Mr. Guertin is not competent to proceed in his criminal matters, concluding in her report “…that Mr. Guertin’s symptoms presently compromise his capacity to understand rationally the proceedings, participate in the defense, and consult rationally with counsel.” Ex. 3, p. 9. Dr. Rogstad offers a diagnosis of Unspecified Schizophrenia Spectrum and Other Psychotic Disorder (primary). While Dr. Rogstad testified that this is a legitimate diagnosis, she indicated that additional information would be needed to provide more specificity. Dr. Rogstad notes that Mr. Guertin “…displays prominent delusional beliefs that include persecutory and referential themes,” the content and intensity of which “…are highly consistent with phenomenology of the persecutory delusions that can accompany psychotic disorders.” Id. at 7. She further indicates that Mr. Guertin may also suffer from a mood-related disorder, namely mania or hypomania, given “…his frequent digressions and tendency to become distracted by his own thoughts,” which “…were consistent with flight of ideas.” Id. at 8. She also notes that Mr. Guertin was “highly distractible” during the examination, making it “…difficult to extract meaningful, 3 ===== PAGE 004/007 ===== 27-CR-23-1886 Filed in District Court State of Minnesota 7/13/2023 1:24 PM coherent information from him.” Id. The court observed identical behavior during his testimony on July 7, 2023, to that exhibited during his examination. Dr. Rogstad testified that misuse 1 of Adderall could account for some of Mr. Guertin’s symptoms, but acknowledged that she was not a toxicologist or medical doctor and that she did not know how much Adderall Mr. Guertin actually took. Despite reporting this possibility, Dr. Rogstad opines Mr. Guertin is not competent. As a result of his symptoms, Dr. Rogstad believes that Mr. Guertin is unable to participate in the legal process regarding his criminal matters. She credibly testified that while Mr. Guertin has good factual knowledge, he is unable to apply this knowledge due to delusional beliefs. For example, when Mr. Guertin spoke about his delusional beliefs, he indicated he would present evidence supporting these beliefs. In her report, Dr. Rogstad states, “…while he knows the nature of his charges, Mr. Guertin’s delusional beliefs are inextricably linked to his perceptions of his current legal situation, and they obstruct his ability to apply this factual legal knowledge to discussions of his own case in a rational manner devoid of delusional reasoning.” Id. at 9. Specifically, Dr. Rogstad reports that his delusions impacted his perception of relevant evidence, that he supported the choices he made “…with impaired perceptions of objective reality,” and that ultimately, he was unable to participate in “consistently coherent” and “reality-based” discussions regarding the proceedings. Id. Her testimony supports these conclusions when she states that Mr. Guertin did not understand evidence or the ramifications of making decisions because of the delusions that emerged as they were discussing legal proceedings. Dr. Rogstad also testified that Mr. Guertin lacks insight into his mental health, as evidenced by his belief that he is under duress as opposed to having any impaired perceptions. Finally, Dr. Rogstad testified that neither her report nor her opinion changed after observing Mr. Guertin’s testimony during the July 7, 2023 hearing. 1 Mr. Guertin testified that he takes additional dosages of his Adderall medication on long days because the medication is “fast-acting.” He gave one example as working overnight at Coachella to finish an art piece for the next day. 4 ===== PAGE 005/007 ===== 27-CR-23-1886 Filed in District Court State of Minnesota 7/13/2023 1:24 PM The court finds that the greater weight of the evidence establishes that Mr. Guertin is not competent to proceed at this time. He suffers from a mental illness with a diagnosis of Unspecified Schizophrenia Spectrum and Other Psychotic Disorder, as offered by Dr. Rogstad. This may also include a mood component, namely mania or hypomania. This mental illness prevents Mr. Guertin from rationally understanding the legal process and obstructs his ability to prepare a defense or rationally consult with his counsel. Dr. Rogstad persuasively reports that Mr. Guertin’s delusions impact his strategical decisions. For instance, he indicated that providing testimony at his trial would serve “…as a way to ‘have the opportunity to make all this stuff [about his perceived persecution] public in the courtroom,’” with similar thoughts regarding evidence he collected. Ex. 3, p. 9. Additionally, the court observed Mr. Guertin testify, during which his answers often wandered towards the themes of technology, patents, and competitors. While it is evident that Mr. Guertin is an intelligent, talented individual with a passion for technology, this does not necessarily make him competent to proceed in his criminal matters. He may understand the factual components of criminal proceedings, but it is evident to the court that he is unable to apply this factual knowledge in his defense. Based upon the totality of evidence before the court including Mr. Guertin’s testimony, Dr. Rogstad’s testimony, and the exhibits received into evidence, the court concludes that the greater weight of the evidence establishes that Mr. Guertin is not currently competent to proceed and thus, the defense has not met their burden of proof. In summary, the court finds the testimony and report of Dr. Rogstad to be the most credible and persuasive evidence regarding Mr. Guertin’s competency to proceed. Dr. Rogstad has extensive experience conducting forensic evaluations, including having completed approximately 400 forensic evaluations. See also Ex. 2. Her report was thorough and considered several possible factors contributing to Mr. Guertin’s symptoms, as well as the significance of those symptoms. 5 ===== PAGE 006/007 ===== 27-CR-23-1886 Filed in District Court State of Minnesota 7/13/2023 1:24 PM The court also notes the similarity in Mr. Guertin’s presentation during both his evaluation and at the July 7, 2023 hearing: Mr. Guertin presented as verbose, with responses to questions that included excessive detail. He often brought his responses back to the themes of technology, patents, and competitors; and on occasion, had to ask that questions be repeated due to his extensive responses. Mr. Guertin appears to the court to be unable to separate matters involving his criminal charges from his delusional thoughts regarding his technology. It was evident that he continues to suffer from mental health concerns that impact his ability to fully understand and engage in the proceedings regarding his criminal matters. CONCLUSIONS OF LAW “A defendant has a due process right not to be tried or convicted of a criminal charge if he or she is legally incompetent.” Bonga v. State, 797 N.W.2d 712, 718 (Minn. 2011). Rule 20.01 of the Minnesota Rules of Criminal Procedure requires that if the court finds by the greater weight of the evidence that the defendant is competent, it must enter an order finding the defendant competent to proceed. Minn. R. Crim. P. Rule 20.01, subd. 5(c). A defendant is incompetent and must not plead, be tried, or be sentenced if the defendant due to mental illness or cognitive impairment lacks ability to: (a) rationally consult with counsel; or (b) understand the proceedings or participate in the defense. Id., subd. 2. The determination of whether a defendant is able to rationally consult with the defense attorney or understand and participate in the proceedings turns on the facts of each particular case. Moreover, fact-finders, including district courts, are not required to accept an expert’s testimony or recommendations. State v. Roberts, 876 N.W.2d 863, 868 (Minn. 2016). Foremost, throughout the criminal proceedings the trial court must be mindful of its protective duty to ensure that a defendant is competent to proceed. See State v. 6 ===== PAGE 007/007 ===== 27-CR-23-1886 Filed in District Court State of Minnesota 7/13/2023 1:24 PM Bauer, 245 N.W.2d 848, 852 (Minn. 1976) (ruling that the court should have conducted further inquiry into the important matter of defendant’s competency). The greater weight of the evidence establishes that Mr. Guertin is incompetent to proceed. ORDER Defendant, Matthew David Guertin, is currently INCOMPETENT to proceed. Order Recommended By: BY THE COURT: _______________________________ Referee of District Court Judge of District Court 7 ============ 27-CR-23-1886 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-1886_Finding of Incompetency and Order_2024-01-17_20240430072352.pdf ===== --- meta case_number: 27-CR-23-1886 defendant: MATTHEW DAVID GUERTIN filing_type: Finding of Incompetency and Order filing_date: 2024-01-17 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Jan 17, 2024 7:29 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-1886 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Matthew David Guertin, Defendant. This matter was scheduled to come before the undersigned Referee of District Court on January 16, 2024. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant was represented by Bruce Rivers, Esq. Prior to the hearing, the parties agreed to a finding of incompetency entered administratively. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/17/1981), was charged in MNCIS file 27-CR-23-1886 with Dangerous Weapons (Felony) and three counts of Firearm-Serial Number-Receive/Possess With No Serial Number (Felony) arising from an incident alleged to have occurred on January 21, 2023. On January 25, 2023, Referee Lyonel Norris found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On November 15, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Adam A. Milz, PhD, LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Adam A. Milz, PhD, LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability ===== PAGE 002/004 ===== to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Jacqueline Perez, Assistant Hennepin County Attorney – Criminal Division; Bruce Rivers, Attorney for Defendant 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/004 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/004 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is July 16, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Bruce Rivers, Attorney for Defendant (riverslawyers@aol.com); c. Jacqueline Perez, Assistant Hennepin County Attorney (jacqueline.perez@hennepin.us); d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 4 ============ 27-CR-23-2480 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-2480_Finding of Incompetency and Order_2023-03-08_20240430072640.pdf ===== --- meta case_number: 27-CR-23-2480 defendant: Sandra Vongsaphay filing_type: Finding of Incompetency and Order filing_date: 2023-03-08 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 08, 2023 9:45 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-2480 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Sandra Vongsaphay, Defendant. This matter came before the undersigned Judge of District Court on March 7, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1981) was charged in MNCIS file 27-CR-23-2480 with 2nd Degree Burglary (Felony) and Financial Transaction Card Fraud (Gross Misdemeanor) arising from an incident alleged to have occurred on 01/30/2023. On 02/02/2023, Judge Allyn found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On 02/02/2022, Judge Allyn ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Gregory Hanson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Gregory Hanson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Thomas Manewitz, Assistant Hennepin County Attorney – Criminal Division; Alicia Granse, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation 2 ===== PAGE 003/005 ===== agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/005 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 5, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Alicia Granse, Assistant Hennepin County Public Defender; c. Thomas Manewitz, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-23-2480 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-2480_Finding of Incompetency and Order_2024-04-04_20240430072631.pdf ===== --- meta case_number: 27-CR-23-2480 defendant: Sandra Vongsaphay filing_type: Finding of Incompetency and Order filing_date: 2024-04-04 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Apr 04, 2024 3:53 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-5142; 27-CR-22- State of Minnesota, 18824; 27-CR-23-2480; 27-CR-23-16937 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Sandra Vongsaphay, Defendant. This matter came before the undersigned Judge of District Court on April 2, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Christine Irfanullah, Assistant Hennepin County Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1981), was charged in MNCIS file 27-CR-21-5142 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on January 26, 2021; in MNCIS file 27-CR-22-18824 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on September 19, 2022; in MNCIS file 27-CR-23-2480 with Burglary – 2nd Degree (Felony) and Financial Transaction Card Fraud – Use – No Consent (Gross Misdemeanor) arising from an incident alleged to have occurred on January 30, 2023; and in MNCIS file 27-CR-23-16937 with Drugs – 5th Degree (Felony) and Theft (Misdemeanor) arising from an incident alleged to have occurred on August 8, 2023. In the former case, on September 21, 2022, Judge Luis Bartolomei found probable cause to believe that the offense was committed and that Defendant committed it. 2. On February 27, 2024, Judge Mark Kappelhoff ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Amanda Powers, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amanda Powers, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Mawerdi Hamid, Assistant Hennepin County Attorney – Criminal Division; Thomas Manewitz, Assistant Hennepin County Attorney – Criminal Division; Christine Irfanullah, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/005 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of 3 ===== PAGE 004/005 ===== this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 1, 2024. One week 4 ===== PAGE 005/005 ===== prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Christine Irfanullah, Assistant Hennepin County Public Defender; c. Mawerdi Hamid, Assistant Hennepin County Attorney; d. Thomas Manewitz, Assistant Hennepin County Attorney; e. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Dated: April 4, 2024 Judge of District Court 5 ============ 27-CR-23-3198 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-3198_Finding of Incompetency and Order_2023-12-06_20240430072732.pdf ===== --- meta case_number: 27-CR-23-3198 defendant: AARON DASHAUN CHERRY filing_type: Finding of Incompetency and Order filing_date: 2023-12-06 pages: 006 --- end meta ===== PAGE 001/006 ===== 27-CR-23-3198 Filed in District Court State of Minnesota 12/6/2023 4:10 PM State of Minnesota District Court County of Hennepin Fourth Judicial District Referee Lori D. Skibbie State of Minnesota, Case Type: Criminal Plaintiff, FINDINGS OF FACT AND v. CONCLUSIONS OF LAW REGARDING DEFENDANT’S COMPETENCY TO PROCEED Aaron Dashaun Cherry, Case Number(s): 27-CR-23-3198; Defendant. 27-CR-21-19577 The above-entitled matter came before Lori D. Skibbie, Referee of District Court, on November 17, 2023, for an evidentiary hearing upon the Defense’s objection to the competency opinion rendered by Dr. Lauren Herbert, Director of the Department for Human Services Forensic Evaluation Department, dated August 31, 2023. Joshua Luger, Assistant Hennepin County Attorney, appeared for the State. Chelsea Knutson appeared with and on behalf of the Defendant who was present. Dr. Lauren Herbert testified, and the Court received her report dated August 31, 2023. Chelsea Knutson also testified. Also present at the hearing was Susan Herlofsky, Defense co-counsel. The Court took the matter under advisement. Based upon the arguments presented and all the files and records herein, the Court orders as follows: 1. Defendant is INCOMPETENT to proceed. PROCEDURAL HISTORY AND FINDINGS OF FACT Mr. Cherry is charged with one count of Violating a No Contact Order and one count of Domestic Assault – Felony. On July 31, 2023, probable cause was found that a crime had been committed, and a Rule 20.01 evaluation was ordered by Judge Koch. Dr. Lauren Herbert of Fourth Judicial District Psychological Services was assigned to complete the 20.01 evaluation of the defendant, Mr. Cherry. Dr. Herbert filed her report with the court on August 31, 2023, and opined that Mr. Cherry was competent to proceed. The Defendant requested an evidentiary hearing. ===== PAGE 002/006 ===== 27-CR-23-3198 Filed in District Court State of Minnesota 12/6/2023 4:10 PM In her report filed August 31, 2023, Dr. Herbert stated that due to Mr. Cherry’s lack of participation in the interview, relevant background information could not be obtained directly from Mr. Cherry. Therefore, the background information was obtained by looking at Dr. Coffin’s April 3, 2023, Rule 20 Report. Rule 20 Report. p. 4. Dr. Herbert noted that Mr. Cherry reported he was born in Illinois and has a poor relationship with his parents. Id. He was raised by his father’s sister who he considers his mother. Id. Mr. Cherry had previously denied in a 2009 psychologic evaluation any mental health treatment of any kind. However, during this evaluation he was diagnosed with Conduct Disorder, Mild to Moderate and History of Alcohol and Cannabis Abuse. Id. According to Hennepin Healthcare records from April 26, 2018, Mr. Cherry presented with “severe attention deficit”. Id. Mr. Cherry, according to a 2018 PSI, had consumed alcohol to the point of blacking out, but did not consume alcohol every day. Id. This PSI stated Mr. Cherry had also started using cannabis in 2007 or 2008 and had used it everyday until 2017. Id. However, a 2022 PSI stated that Mr. Cherry denied ever experimenting with cannabis or alcohol ever in his life. Id at 5. Mr. Cherry has never had symptoms of psychosis, including auditory or visual hallucinations, delusional or paranoid thoughts, or ideas of reference. Id. However, medical records reported that Mr. Cherry had suicidal behavior in 2018 while in Ramsey County Jail. Id. Dr. Herbert also reviewed Mr. Cherry’s prior three competency to proceed evaluations. The first evaluation was done by Dr. Bruce Renken on November 17, 2021. Id. at 8. Dr. Renken stated that Mr. Cherry was minimally cooperative. Id. His responses were disjointed or in unfinished sentences or phrases. Id. He then began to respond in a very slow manner before eventually speaking at a normal pace. Id. Dr. Renken questioned why Mr. Cherry was able to speak normally and asked if Mr. Cherry was playing games. Id. Mr. Cherry responded, “I won’t play games.” Id. Dr. Renken also noted that at another evaluation, Mr. Cherry presented as if he could not understand basic instructions. Id. Dr. Renken opined that Mr. Cherry was incompetent to proceed and noted, “Mr. Cherry’s history suggests an atypical clinical picture, with possible factors of substance and malingers, as well as likely symptoms of mental illness.” Id. Mr. Cherry was diagnosed with Antisocial Personality Disorder and Unspecified Anxiety Disorder. Id. The second competency hearing was administered by Dr. John Anderson on May 13, 2022. Dr. Anderson opined that Mr. Cherry was competent to proceed and Mr. Cherry’s cooperation was inconsistent throughout the interviews. Id. Dr. Anderson noted that Mr. Cherry would sometimes respond to questions and other times “stared as if to convey he did not hear a question”. Id. Dr. ===== PAGE 003/006 ===== 27-CR-23-3198 Filed in District Court State of Minnesota 12/6/2023 4:10 PM Anderson administered a screening instrument to test for malingering and noted that Mr. Cherry responded yes to all but one item, which is atypical for someone with genuine psychiatric or cognitive disorder. Id. Dr. Anderson opined that Mr. Cherry was feigning and deemed him competent to proceed. Id. Mr. Cherry was diagnosed with Antisocial Personality Disorder, Alcohol Use Disorder and Cannabis use Disorder, both in a controlled environment. Id. Mr. Cherry’s most recent competency evaluation was completed on April 3, 2023, by Dr. Richard Coffin. Id. at 9. Dr. Coffin noted that Mr. Cherry was not cooperative in answering questions. Id. Mr. Cherry communicated through gesturing and writing various case numbers, statements, phone numbers and emails from the collection of documents Mr. Cherry had brought into the interview. Id. During another interview with Dr. Coffin, Mr. Cherry was mostly mute except to complain of abdominal pain. Id. He was clutching his abdomen and rocking back and forth throughout the majority of the interview. Id. Mr. Cherry was able to participate in some discussion, but his thoughts were disorganized outside of those few interactions. Dr. Coffin noted Mr. Cherry can communicate about topics he chooses, but otherwise has disjointed communications. Id. at 11. Dr. Coffin diagnosed Mr. Cherry with Antisocial Personality Disorder, Malingering and Cannabis Use Disorder, in a controlled environment. Id. at 13. Dr. Coffin opined that Mr. Cherry was competent to proceed. Id. Dr. Herbert, after reviewing these files and conducting her own interviews with Mr. Cherry opined that Mr. Cherry was competent to proceed. Id. at 17. Dr. Herbert’s report noted that Mr. Cherry did not speak throughout their interview. Id. at 16. She noted that Mr. Cherry showed her his inmate bracelet at one point, but otherwise provided no communication. Id. Dr. Herbert stated that Mr. Cherry’s history presents an atypical clinical picture and the symptom he presents with most consistently is mutism. Id. She notes mutism, with the exception of Schizophrenia, is generally not a feature of mental illness. However, she does state mutism can be a symptom of cognitive impairment, “typically related to a developmental and/or neurocognitive disability.” Id. Dr. Herbert noted, “Mutism alone is not sufficient to render an individual incompetent to proceed.” Id. Dr. Herbert further stats that Mr. Cherry has demonstrated an ability to understand what is being said to him by responding behaviorally that is relevant. Id. Finally, Dr. Herbert concluded in her report that because Mr. Cherry remained mute that she was “unable to formally obtain information relevant to his ability to consult with counsel, understand the proceedings, or participate in his defense.” Id. at 17. ===== PAGE 004/006 ===== 27-CR-23-3198 Filed in District Court State of Minnesota 12/6/2023 4:10 PM In addition to her report, Dr. Herbert provided testimony in this matter. Dr. Herbert testified that she reviewed the prior competency proceedings, including the reports done by Dr. Renken, Dr. Anderson and Dr. Coffin. She also reviewed a 2018 PSI report. Dr. Herbert also personally interviewed Mr. Cherry. Her interview with Mr. Cherry only lasted about 5 minutes. She testified that typically evaluations last between an hour and a half to two hours. Dr. Herbert testified that despite the short-time frame in her personal evaluation, she opined that Mr. Cherry was likely competent to proceed. She testified that her determination comes from the totality of the information available, and that it is important not to weigh one source heavier than another. However, Dr. Herbert testified that she was not able to say with certainty that Mr. Cherry could rationally consult with counsel. Dr. Herbert testified further that she did not do psych, cognitive or malingering testing on Mr. Cherry. When Dr. Herbert was asked if one component of malingering is different presentations with different individuals, she answered yes. However, she further testified that she did not find it necessary to speak to friends or family of Mr. Cherry. She also stated that she did not speak to other deputies in the jail that had more routine contact with Mr. Cherry as she didn’t find it necessary to seek out that information. Dr. Herbert also testified that psych testing would be useful to making a diagnosis of malingering but did not test Mr. Cherry for it. She further testified that mutism could be a result of cognitive impairment or deficit. However, Dr. Herbert stated she did not do cognitive testing for Mr. Cherry as she did not see the need for it. Ms. Knutson, Mr. Cherry’s counsel, also provided testimony in this matter. Ms. Knutson testified that she has been a public defender in Minneapolis since April 2018. She stated she currently represents around 80 clients and has provided legal services for several hundred throughout her five-year tenure as a public defender. Ms. Knutson testified that she has only requested Rule 20.01 competency evaluation for three clients, including Mr. Cherry, since she became a public defender. She stated that she met with Mr. Cherry three to four times before making a Rule 20.01 motion, and two to four times since, and had spoken with his previous counsel as well. During these meetings with Mr. Cherry, he did not speak with Ms. Knutson verbally. She stated that he would only communicate through writings that did not give direction on how to proceed in his current case. Ms. Knutson tried open and closed-ended questions, asked specific questions about the writings Mr. Cherry would give her and attempted to solicit nonverbal communication by gesture to ascertain a level of understanding. These meetings, in total, lasted ===== PAGE 005/006 ===== 27-CR-23-3198 Filed in District Court State of Minnesota 12/6/2023 4:10 PM approximately two to three hours, and in that time, there was never a verbal response from Mr. Cherry. Ms. Knutson further testified that due to the lack of communication with Mr. Cherry, it makes certain decisions with his case impossible. She states that Mr. Cherry must be able to make a decision about whether to plea and whether or not to testify, which cannot be ascertained without any logical communication from Mr. Cherry. Ms. Knutson also stated that she has not been able to gather any information from Mr. Cherry. When asked if Ms. Knutson believed Mr. Cherry could understand the charges, she said it was unclear because she has never received an answer. She stated that decisions must come from Mr. Cherry and if he does understand, he still is not communicating with her. She further testified that she could see no benefit to Mr. Cherry not communicating. When asked if Mr. Cherry’s mutism was delaying moving forward in his case, she replied yes and that he has been in custody since February 2023. Ms. Knutson stated that even when Mr. Cherry would gesture or write something down, it was nonsensical and not in response to the questions she asked him. She stated that she did not find his responses to be meaningful. Finally, Ms. Knutson stated she would not be able to effectively represent Mr. Cherry due to his lack of communication. LEGAL CONCLUSIONS “A defendant has a due process right not to be tried or convicted of a criminal charge if he the Minnesota Rules of Criminal Procedure requires the Court to find a defendant not competent unless the greater weight of the evidence shows that the defendant is competent to proceed. Minn.R.Crim.P. Rule 20.01, subd. 5 (c). A defendant is not competent if, due to mental illness or cognitive impairment he is unable to “(a) rationally consult with counsel or (b) understand the proceedings or participate in the defense.” Id., subd. 2. The determination of whether a defendant is able to rationally consult with the defense attorney or understand and participate in the proceedings turns on the facts of each particular case. Moreover, fact-finders, including district courts, are not required to accept an expert’s testimony or recommendations. State v. Roberts, 876 N.W.2d 863, 868 (Minn. 2016). Foremost, throughout the criminal proceedings the trial court must be mindful of its protective duty to ensure that a defendant is competent to proceed. See State v. Bauer, 245 N.W.2d 848, 852 (Minn. 1976) (ruling that the court should have conducted further inquiry into the important matter of defendant’s competency). It is the State’s burden, by a ===== PAGE 006/006 ===== 27-CR-23-3198 Filed in District Court State of Minnesota 12/6/2023 4:10 PM preponderance of the evidence, to prove that a defendant is competent. State v. Curtis, 921 N.W.2d 342, 348 (2018). The standard to be applied is a fair preponderance of the evidence. Id. Based on the totality of the facts noted above, the Court finds that the State has not met its burden of proving, by greater weight of the evidence, that Mr. Cherry is currently able to rationally consult with counsel, understand the proceedings, and participate in his defense. While Dr. Herbert opined in her report that Mr. Cherry would be competent, Mr. Cherry’s mutism has significantly hindered his ability to consult with counsel and participate in his defense. The Court finds Dr. Herbert’s report to be credible, but not persuasive. Mr. Cherry’s competency proceeding history shows that Mr. Cherry has not been able to communicate or show understanding in a way that is meaningful towards his criminal proceedings. Dr. Herbert herself also stated she was not able to say with certainty that Mr. Cherry could rationally consult with counsel. The Court finds Ms. Knutson’s testimony that Mr. Cherry has not verbally spoken with her and has not provided any communications regarding any decisions with his case to be persuasive. Mr. Cherry has only provided a few writings, all of which have not made sense or shown that he has a requisite understanding of his criminal case. There has not been any communication in a logical or sensical way between Mr. Cherry and Ms. Knutson since Ms. Knutson took over the case, despite six to eight meetings between them. For these reasons, the Court finds that Mr. Cherry does not have a rational understanding of the proceedings, lacks the ability to rationally consult with counsel, and lacks the ability to participate in his defense. Therefore, the court finds that the defendant, Mr. Cherry (Aaron Deshaun Cherry) is INCOMPETENT. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court ============ 27-CR-23-3198 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-3198_Finding of Incompetency and Order_2023-12-11_20240430072731.pdf ===== --- meta case_number: 27-CR-23-3198 defendant: AARON DASHAUN CHERRY filing_type: Finding of Incompetency and Order filing_date: 2023-12-11 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Dec 11, 2023 12:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-3198; 27-CR-21- State of Minnesota, 19577 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Aaron Dashaun Cherry a/k/a Aaron D. Cherry a/k/a Aaron Deshaun Cherry, Defendant. This matter came before the undersigned Referee of District Court on November 17, 2023. The hearing was held remotely using the Zoom internet platform. Joshua Luger, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Chelsea Knutson, Esq. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/19/1994), was charged in MNCIS file 27-CR-23-3198 with Violate No Contact Order (Felony), and Domestic Assault (Felony), arising from an incident alleged to have occurred on February 8, 2023. Defendant was also charged with Domestic Assault (Felony), arising from an incident alleged to have occurred on October 18, 2021. On March 6, 2023, Judge Koch found probable cause to believe that the offenses were committed, and that Defendant committed them. 2. On July 31, 2023, Judge Koch ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. A contested competency hearing was held on November 17, 2023, and Referee Skibbie determined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Joshua Luger, Assistant Hennepin County Attorney – Criminal Division; Chelsea Knutson, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/005 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. 3 ===== PAGE 004/005 ===== This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is June 18, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Chelsea Knutson, Assistant Hennepin County Public Defender; c. Joshua Luger, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-3423 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-3423_Finding of Incompetency and Order_2023-03-22_20240430072821.pdf ===== --- meta case_number: 27-CR-23-3423 defendant: MOHAMED ABDI SHIDE filing_type: Finding of Incompetency and Order filing_date: 2023-03-22 pages: 006 --- end meta ===== PAGE 001/006 ===== Filed in District Court State of Minnesota Mar 22, 2023 11:09 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-17879, 27-CR-22- State of Minnesota, 20234, 27-CR-23-62, 27-CR-23-284, 27-CR- 23-1251, 27-CR-23-1657, 27-CR-23-2211, 27- Plaintiff, CR-23-3423 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Mohamed Abdi Shide, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on March 21, 2023. The hearing was held remotely using the Zoom internet platform. Megan Griffin, Minneapolis City Attorney, represented the plaintiff. Christopher Renz, counsel for the Metropolitan Airports Commission, waived his appearance. Defendant appeared in custody and was represented by Ashley Schoenborn, Assistant Hennepin County Public Defender. Also present was Sahil Kahin, Somali language interpreter. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/02/1987), was charged in MNCIS file 27-CR-22-17879 with Trespassing (Misdemeanor) arising from an incident alleged to have occurred on September 07, 2022; in MNCIS file 27-CR-22-20234 with Indecent Exposure (Misdemeanor) arising from an incident alleged to have occurred on October 10, 2022; in MNCIS file 27-CR-23-62 with 5th Degree Assault (Misdemeanor) arising from an incident alleged to have occurred on January 2, 2023; in MNCIS file 27-CR-23-284 with Trespass on Critical Public Service Facilities arising from an incident alleged to have occurred on January 3, 2023; in MNCIS file 27-CR-23-1251 with Indecent Exposure (Misdemeanor) and Trespass (Misdemeanor) arising from an incident alleged to have occurred on January 2, 2023; in MNCIS file 27-CR-23-1657 with Give Peace Officer False Name (Misdemeanor) arising from an incident alleged to have occurred on January 11, 2023; in MNCIS file 27-CR-23-2211 with 5th Degree Assault (Misdemeanor) arising from an incident alleged to have occurred on January 28, 2023; in ===== PAGE 002/006 ===== MNCIS file 27-CR-23-3423 with Indecent Exposure (Gross Misdemeanor) and Trespass on Critical Public Services Facilities (Gross Misdemeanor) from an incident alleged to have occurred on February 12, 2023. On February 14, 2023, Judge Larson found probable cause to believe that the offense(s) were committed and that Defendant committed them. 2. On February 14, 2023, Judge Larson ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Amanda Powers, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amanda Powers, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charge(s). The misdemeanor charges(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten days of the date of service. Heidi Johnston, Assistant Minneapolis City Attorney – Criminal Division; Gretchen Zettler, Assistant Minneapolis City Attorney – Criminal Division; Amy Jo Tripp-Steiner, Assistant Minneapolis City Attorney – Criminal Division; Christopher Renz, Attorney for Metropolitan Airport Commission; Patrick Marzitelli, Assistant Minneapolis City Attorney – Criminal Division; Ahmad Samaha, Assistant Minneapolis City Attorney – Criminal Division; 2 ===== PAGE 003/006 ===== Ashley Schoenborn, Assistant Hennepin County Public Defender; Yastril Nanez, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/006 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/006 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least fourteen (14) days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 19, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Ashley Schoenborn, Assistant Hennepin County Public Defender; c. Yastril Nanez, Assistant Hennepin County Public Defender d. Heidi Johnston, Assistant Minneapolis City Attorney – Criminal Division; e. Gretchen Zettler, Assistant Minneapolis City Attorney – Criminal Division; f. Amy Jo Tripp-Steiner, Assistant Minneapolis City Attorney – Criminal Division; g. Christopher Renz, Attorney for Metropolitan Airport Commission; h. Patrick Marzitelli, Assistant Minneapolis City Attorney – Criminal Division; i. Ahmad Samaha, Assistant Minneapolis City Attorney – Criminal Division; j. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); k. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. 5 ===== PAGE 006/006 ===== Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 6 ============ 27-CR-23-3459 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-3459_Finding of Incompetency and Order_2023-03-22_20240430072906.pdf ===== --- meta case_number: 27-CR-23-3459 defendant: MUAD ABDULKADIR filing_type: Finding of Incompetency and Order filing_date: 2023-03-22 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 22, 2023 9:43 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-3459, State of Minnesota, 27-CR-23-3460 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Muad Abdulkadir, Defendant. This matter came before the undersigned Referee of District Court on March 21, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant did not appear and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. At the time of the hearing, a deputy indicated that Respondent was unable to appear via Zoom from his cell due to his disorganized and disruptive behavior. Respondent was excused from the hearing for good cause due to his disruptive behavior. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1994), was charged in MNCIS file 27-CR-23-3459 with 1st Degree Aggravated Robbery (Felony) and in MNCIS file 27-CR-23-3460 with 2nd Degree Assault (Felony) and Threats of Violence (Felony) arising from an incident alleged to have occurred on 02/11/2023. On 02/16/2023, Judge Hilary Caligiuri found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On 02/16/2023, Judge Hilary Caligiuri ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. John Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. John Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Thomas Prochazka, Assistant Hennepin County Attorney – Criminal Division; Douglas Biglow, Attorney for Defendant 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/005 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. 3 ===== PAGE 004/005 ===== This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 19, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Douglas Biglow, Attorney for Defendant; c. Thomas Prochazka, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-3460 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-3460_Finding of Incompetency and Order_2023-03-22_20240430072943.pdf ===== --- meta case_number: 27-CR-23-3460 defendant: MUAD ABDULKADIR filing_type: Finding of Incompetency and Order filing_date: 2023-03-22 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 22, 2023 9:43 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-3459, State of Minnesota, 27-CR-23-3460 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Muad Abdulkadir, Defendant. This matter came before the undersigned Referee of District Court on March 21, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant did not appear and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. At the time of the hearing, a deputy indicated that Respondent was unable to appear via Zoom from his cell due to his disorganized and disruptive behavior. Respondent was excused from the hearing for good cause due to his disruptive behavior. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1994), was charged in MNCIS file 27-CR-23-3459 with 1st Degree Aggravated Robbery (Felony) and in MNCIS file 27-CR-23-3460 with 2nd Degree Assault (Felony) and Threats of Violence (Felony) arising from an incident alleged to have occurred on 02/11/2023. On 02/16/2023, Judge Hilary Caligiuri found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On 02/16/2023, Judge Hilary Caligiuri ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. John Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. John Anderson, Ph.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Thomas Prochazka, Assistant Hennepin County Attorney – Criminal Division; Douglas Biglow, Attorney for Defendant 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, 2 ===== PAGE 003/005 ===== treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. 3 ===== PAGE 004/005 ===== This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 19, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Douglas Biglow, Attorney for Defendant; c. Thomas Prochazka, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-3496 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-3496_Finding of Incompetency and Order_2023-03-22_20240430073021.pdf ===== --- meta case_number: 27-CR-23-3496 defendant: ABDULKADIR ELMI EGAL filing_type: Finding of Incompetency and Order filing_date: 2023-03-22 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 22, 2023 9:56 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-3496; State of Minnesota, 27-CR-23-1557 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Abdulkadir Elmi Egal, Defendant. This matter came before the undersigned Referee of District Court on March 21, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Minneapolis City Attorney, represented the plaintiff in 27-CR-23-1557 and agreed to have the findings applied to that case. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Also present was Sahil Kahin, Somali language interpreter. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1957), was charged in MNCIS file 27-CR-23-3496 with 2nd Degree Assault (Felony) arising from an incident alleged to have occurred on February 10, 2023. On February 15, 2023, Judge Caligiuri found probable cause to believe that the offense(s) was committed and that Defendant committed it. 2. Defendant was charged in MNCIS file 27-CR-23-1557 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on January 19, 2023. 3. On February 15, 2023, Judge Caligiuri ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 4. Dr. Dawn M. Peuschold, Ph.D., ABPP, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 5. Dr. Dawn M. Peuschold, Ph.D., ABPP, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. David Romaker, Assistant Hennepin County Attorney – Criminal Division; Bernice Hodge, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the 2 ===== PAGE 003/005 ===== records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, 3 ===== PAGE 004/005 ===== employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 19, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Bernice Hodge, Assistant Hennepin County Public Defender; 4 ===== PAGE 005/005 ===== c. David Romaker, Assistant Hennepin County Attorney – Criminal Division; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-5213 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-5213_Finding of Incompetency and Order_2023-04-13_20240430073156.pdf ===== --- meta case_number: 27-CR-23-5213 defendant: MARK ANTHONY REINHART filing_type: Finding of Incompetency and Order filing_date: 2023-04-13 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Apr 13, 2023 8:11 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-7578; 27-CR-22- State of Minnesota, 8532; 27-CR-22-9449; 27-CR-22-10914; 27- CR-22-11384; 27-CR-22-13185; 27-CR-22- Plaintiff, 14723; 27-CR-23-2104; 27-CR-23-5213 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Mark Anthony Reinhart, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on April 11, 2023. The hearing was held remotely using the Zoom internet platform. Heidi Johnson, Minneapolis City Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Shawna Kosel, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 02/10/1962) was charged in MNCIS file 27-CR-22-13185 with Indecent Exposure/Lewdness (Gross Misdemeanor) and Indecent Exposure-Public Place, Indecent Conduct, and Disorderly Conduct (Misdemeanors) arising from an incident alleged to have occurred on July 5, 2022; MNCIS file 27-CR-22-14723 with Trespass (Gross Misdemeanor) and Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on June 21, 2022; MNCIS file 27-CR-23-5213 with Trespass on Critical Public Service Facilities, Pipeline, Utility (Gross Misdemeanor) and No person shall urinate or defecate except in comfort stations (Misdemeanor) arising from an incident alleged to have occurred on March 8, 2023; MNCIS file 27-CR-22-7578 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on April 21, 2022; MNCIS file 27-CR-22-8532 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on May 4, 2022; MNCIS file 27-CR-22-9449 with Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on May 17, 2022; MNCIS file 27-CR-22-10914 with Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on June 7, 2022; ===== PAGE 002/005 ===== MNCIS file 27-CR-22-11384 with Public Urination Prohibited and Disorderly Conduct (Misdemeanors) arising from an incident alleged to have occurred on June 12, 2022; MNCIS file 27-CR-23-2104 with Theft (Misdemeanor) arising from an incident alleged to have occurred on January 26, 2023. On March 9, 2023, Judge Bev Benson found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On March 9, 2023, Judge Bev Benson ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charges. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten days of the date of service. Heidi Johnston, Minneapolis City Attorney – Criminal Division; Bloomington City Attorney; Christopher Renz, Attorney for Metropolitan Airports Commission; Shawna Kosel, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure 3 ===== PAGE 004/005 ===== facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least fourteen (14) days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 4 ===== PAGE 005/005 ===== 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 10, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Shawna Kosel, Assistant Hennepin County Public Defender; c. Heidi Johnston, Minneapolis City Attorney – Criminal Division; d. Bloomington City Attorney; e. Christopher Renz, Attorney for Metropolitan Airports Commission; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-23-5751 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-5751_Finding of Incompetency and Order_2023-05-02_20240430073242.pdf ===== --- meta case_number: 27-CR-23-5751 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-05-02 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota May 02, 2023 6:07 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-22-21679, 27-CR- 22-24045, 27-CR-23-385, 27-CR-23-5751, 27- vs. CR-23-6188 Lucas Patrick Kraskey, FINDINGS OF FACT, CONCLUSIONS OF LAW Defendant. AND ORDER REGARDING COMPETENCY This matter came before the undersigned Referee/Judge of District Court on May 2, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney and Megan Griffin, Attorney with the City of Minneapolis, represented the plaintiffs. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor - GMD) and Public Urination (Misdemeanor – MSD) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged ===== PAGE 002/005 ===== to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (GMD) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; in MNCIS file 27-CR-22- 21679 with Trespassing (MSD) arising from an incident alleged to have occurred on October 18, 2022; in MNCIS file 27-CR-22-24045 with Trespass (MSD) arising from an incident alleged to have occurred on December 1, 2022; in MNCIS file 27-CR-23-385 with Trespass (MSD) arising from an incident alleged to have occurred on November 24, 2022; in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023; and in MNCIS file 27-CR-23-6188. 2. On March 28, 2023, Judge Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. Dr. Kristen A. Otte, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge(s) must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Tom Arneson, Assistant Hennepin County Attorney – Criminal Division; and 2 ===== PAGE 003/005 ===== Megan Griffin, City of Minneapolis Attorney Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 3 ===== PAGE 004/005 ===== 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended 4 ===== PAGE 005/005 ===== conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 31, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Tom Arneson, Assistant Hennepin County Public Defender; c. Susan Herlofsky, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. Megan Griffin, City of Minneapolis Attorney; and f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-5751 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-5751_Finding of Incompetency and Order_2023-11-01_20240430073239.pdf ===== --- meta case_number: 27-CR-23-5751 defendant: Lucas Patrick Kraskey filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 11:56 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-6904, 27-CR-21- State of Minnesota, 8067, 27-CR-21-8227, 27-CR-21-8228, 27- CR-21-8229, 27-CR-21-8230, 27-CR-21-8511, Plaintiff, 27-CR-22-17300, 27-CR-23-5751 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Lucas Patrick Kraskey, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Megan Griffin, Assistant Minneapolis City Attorney, also represented the plaintiff. Defendant was represented by Andrew J. Reiland, II, Assistant Hennepin County Public Defender. Prior to the time of the hearing, the parties agreed to the Court handling this matter administratively, without the need for appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/01/1984), was charged in MNCIS file 27-CR-21-6904 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 29, 2021; in MNCIS file 27-CR-21-8067 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 25, 2021; in MNCIS file 27-CR-21-8227 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 24, 2021; in MNCIS file 27-CR-21-8228 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February 23, 2021; in MNCIS file 27-CR-21-8229 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 15, 2021; in MNCIS file 27-CR-21-8230 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on February ===== PAGE 002/005 ===== 23, 2021; in MNCIS file 27-CR-21-8511 with 3rd Degree Damage to Property (Gross Misdemeanor) arising from an incident alleged to have occurred on March 9, 2021; in MNCIS file 27-CR-22-17300 with 1st Degree Damage to Property (Felony) arising from an incident alleged to have occurred on January 27, 2022; and in MNCIS file 27-CR-23-5751 with 5th Degree Drug Possession (Felony) arising from an incident alleged to have occurred on March 16, 2023. 2. On August 22, 2023, Judge Julia Dayton Klein ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Kristen A. Otte, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Darren Borg, Assistant Hennepin County Attorney – Criminal Division; Christopher Freeman, Assistant Hennepin County Attorney – Criminal Division; Heidi Johnston, Minneapolis City Attorney; Andrew Reiland, II, Assistant Hennepin County Public Defender 2 ===== PAGE 003/005 ===== 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous 3 ===== PAGE 004/005 ===== to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Andrew Reiland, II, Assistant Hennepin County Public Defender; c. Darren Borg, Assistant Hennepin County Attorney; d. Christopher Freeman, Assistant Hennepin County Attorney; e. Heidi Johnston, Minneapolis City Attorney; 4 ===== PAGE 005/005 ===== f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-23-8560 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-8560_Finding of Incompetency and Order_2023-06-01_20240430073449.pdf ===== --- meta case_number: 27-CR-23-8560 defendant: INGRAM METEBO OYUGI filing_type: Finding of Incompetency and Order filing_date: 2023-06-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jun 01, 2023 7:17 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-8560, State of Minnesota, 27-CR-23-8342 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Ingram Metebo Oyugi, Defendant. This matter came before the undersigned Referee of District Court on May 30, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/31/1991), was charged in MNCIS file 27-CR-23-8560 with Use Tear Gas to Immobilize (Felony), 4th Degree Assault (Felony), and Use Tear Gas/Stun Gun on a Peace Officer (Gross Misdemeanor) arising from an incident alleged to have occurred on April 21, 2023; and in MNCIS file 27-CR-23-8342 with two counts of Domestic Assault-Harm (Misdemeanors) and Disorderly Conduct (Misdemeanor) arising from an incident alleged to have occurred on April 11, 2023. On April 25, 2023, Judge Jay Quam found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On April 25, 2023, Judge Jay Quam ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Adam Gierok, PsyD, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Adam Gierok, PsyD, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally ===== PAGE 002/005 ===== consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kaitlin Anderson, Assistant Hennepin County Attorney – Criminal Division; Matthew Elsen, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is November 28, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Matthew Elsen, Assistant Hennepin County Public Defender; c. Kaitlin Anderson, Assistant Hennepin County Attorney; 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-8649 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-8649_Finding of Incompetency and Order_2024-03-12_20240430073550.pdf ===== --- meta case_number: 27-CR-23-8649 defendant: TERRELL JOHNSON filing_type: Finding of Incompetency and Order filing_date: 2024-03-12 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Mar 21, 2024 3:11 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-19-12466; 27-CR-19- State of Minnesota, 19606; 27-CR-20-8926; 27-CR-20-20037; 27- CR-21-19552; 27-CR-21-23233; 27-CR-22- Plaintiff, 1165; 27-CR-22-4898; 27-CR-23-8649; 27- CR-23-25563 vs. FINDINGS OF FACT, Terrell Johnson, CONCLUSIONS OF LAW AND ORDER REGARDING Defendant. COMPETENCY This matter came before the undersigned Referee of District Court on March 12, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Michelle Doffing, Minneapolis City Attorney, appeared. Defendant appeared out of custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 08/28/1979), was charged in MNCIS file 27-CR-19-12466 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on May 28, 2019; in MNCIS file 27-CR-19-19606 with Drugs – 3rd Degree (Felony) arising from an incident alleged to have occurred on August 12, 2019; in MNCIS file 27-CR-20-8926 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 2, 2020; in MNCIS file 27-CR-20-20037 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on April 6, 2019; in MNCIS file 27-CR-21-19552 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on July 12, 2021; in MNCIS file 27-CR-21- 23233 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on December 17, 2021; in MNCIS file 27-CR-22-1165 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on October 9, 2021; in MNCIS file 27-CR-22-4898 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on March 15, 2022; in MNCIS file 27-CR-23-8649 with Domestic Assault (Gross Misdemeanor) arising ===== PAGE 002/005 ===== from incident alleged to have occurred on April 25, 2023; and in MNCIS file 27-CR-23-25563 with Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on November 29, 2023. In the former case, on December 6, 2023, Judge Juan Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On December 6, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Kacy Wothe, Assistant Hennepin County Attorney – Criminal Division; Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Minneapolis City Attorney; Laura Prahl, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 2 ===== PAGE 003/005 ===== 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is September 10, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Laura Prahl, Assistant Hennepin County Public Defender (laura.prahl@hennepin.us); c. Kacy Wothe, Assistant Hennepin County Attorney (kacy.wothe@hennepin.us); d. Evan Powell, Assistant Hennepin County Attorney (evan.powell@hennepin.us); e. Minneapolis City Attorney; f. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 14. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-9546 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-9546_Finding of Incompetency and Order_2024-02-27_20240430073802.pdf ===== --- meta case_number: 27-CR-23-9546 defendant: TIMOTHY TERRELL STUCKEY filing_type: Finding of Incompetency and Order filing_date: 2024-02-27 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Feb 28, 2024 11:11 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-9546; State of Minnesota, 27-CR-22-14493 Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER REGARDING Timothy Terrell Stuckey, COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on February 27, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 11/28/1978), was charged in MNCIS file 27-CR-23-9546 with Simple Robbery (Felony) arising from an incident alleged to have occurred on May 5, 2023; and in MNCIS file 27-CR-22-14493 with Theft (Misdemeanor) arising from an incident alleged to have occurred on July 1, 2022. On June 7, 2023, Judge William Koch found probable cause to believe that the felony offense was committed and that Defendant committed it. 2. On January 29, 2024, Judge William Koch ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Maria Mulvihill, Assistant Hennepin County Attorney – Criminal Division; Christine Irfanullah, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; 2 ===== PAGE 003/005 ===== physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order 3 ===== PAGE 004/005 ===== may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is August 27, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Christine Irfanullah, Assistant Hennepin County Public Defender (Christine.irfanullah@hennepin.us); c. Maria Mulvihill, Assistant Hennepin County Attorney (maria.mulvihill@hennepin.us); d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-23-12360 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-12360_Finding of Incompetency and Order_2023-07-26_20240430073932.pdf ===== --- meta case_number: 27-CR-23-12360 defendant: ALEXANDER ORVAL THOMLEY filing_type: Finding of Incompetency and Order filing_date: 2023-07-26 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Jul 26, 2023 3:42 pm ASTATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-12360 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Alexander Orval Thomley, Defendant. This matter came before the undersigned Judge of District Court on July 25, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant did not appear and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 11/09/1996), was charged with 2nd Degree Assault (Felony) arising from an incident alleged to have occurred on June 12, 2023. On June 15, 2023, Judge Michael Burns found probable cause to believe that the offense was committed and that Defendant committed it. 2. On June 15, 2023, Judge Michael Burns ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Evan Powell, Assistant Hennepin County Attorney – Criminal Division; Susan Herlofsky, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/005 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 3 ===== PAGE 004/005 ===== 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is January 23, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Susan Herlofsky, Assistant Hennepin County Public Defender; c. Evan Powell, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 4 ===== PAGE 005/005 ===== 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-23-12653 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-12653_Finding of Incompetency and Order_2023-12-13_20240430074010.pdf ===== --- meta case_number: 27-CR-23-12653 defendant: JACOB JOSEPH SCHECH filing_type: Finding of Incompetency and Order filing_date: 2023-12-13 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Dec 13, 2023 5:08 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-12653; State of Minnesota, 27-CR-23-15254 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Jacob Joseph Schech, Defendant. This matter came administratively before the undersigned Judge of District Court on December 12, 2023, pursuant to agreement by the parties. The hearing was held remotely using the Zoom internet platform. Dan Allard, Assistant Hennepin County Attorney, represented the plaintiff. Defendant was represented by Raissa Carpenter, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 02/29/1984), was charged in MNCIS file 27-CR-23-12653 with Fleeing a Peace Officer in a Motor Vehicle (Felony) arising from an incident alleged to have occurred on May 11, 2023; and in MNCIS file 27-CR-23-15254 with Murder – 2nd Degree – With Intent-Not Premeditated (Felony) arising from an incident alleged to have occurred on July 19, 2023. On September 21, 2023, Judge Julie Allyn found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On September 21, 2023, as amended on September 27, 2023, Judge Julie Allyn ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Adam Gierok, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/005 ===== 4. Dr. Adam Gierok, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Christopher Filipski, Assistant Hennepin County Attorney – Criminal Division; Daniel Allard, Assistant Hennepin County Attorney – Criminal Division; Robert Speeter, Esq; Raissa Carpenter, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all 3 ===== PAGE 004/005 ===== information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is June 11, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 4 ===== PAGE 005/005 ===== a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Raissa Carpenter, Assistant Hennepin County Public Defender; c. Robert Speeter, Esq; d. Christopher Filipski, Assistant Hennepin County Attorney; e. Daniel Allard, Assistant Hennepin County Attorney; f. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); g. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-23-13960 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-13960_Finding of Incompetency and Order_2023-08-24_20240430074057.pdf ===== --- meta case_number: 27-CR-23-13960 defendant: JEREMIAH JAMES RIVERS filing_type: Finding of Incompetency and Order filing_date: 2023-08-24 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Aug 24, 2023 3:28 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-13960 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING v. COMPETENCY Jeremiah James Rivers,1 Defendant. This matter came before the undersigned Judge of District Court on August 22, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the State and appeared on behalf of the attorney of record, Erin Goltz, Esq. Defendant appeared in custody and was represented by Kevin Gray, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 10/12/1989), was charged in MNCIS file 27-CR-23-13960 with three counts of Threats of Violence – Reckless Disregard Risk (Felony) arising from an incident alleged to have occurred on July 3, 2023. On July 7, 2023, Judge Paul Scoggin found probable cause to believe that the offenses were committed, and that Defendant committed them. 2. On July 7, 2023, Judge Paul Scoggin ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Lauren A. Herbert, Psy.D., LP, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 1 Defendant uses she/her pronouns. ===== PAGE 002/005 ===== 4. Dr. Lauren A. Herbert, Psy.D., LP, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Erin Goltz, Assistant Hennepin County Attorney – Criminal Division; Kevin Gray, Assistant Hennepin County Public Defender. 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/005 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 3 ===== PAGE 004/005 ===== 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 4 ===== PAGE 005/005 ===== 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is February 20, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Kevin Gray, Assistant Hennepin County Public Defender; c. Erin Goltz, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT 5 ============ 27-CR-23-16281 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-16281_Finding of Incompetency and Order_2023-11-01_20240430074130.pdf ===== --- meta case_number: 27-CR-23-16281 defendant: FUE VANG filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 4:45 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-16281 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Fue Vang, Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Christine Irfanullah, Assistant Hennepin County Public Defender. Also present Kazoua Yang, Court-certified Hmong Interpreter. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/29/1993), was charged in MNCIS file 27-CR-23-16281 with Threats of Violence – Reckless Disregard Risk (Felony) and Domestic Violence – By Strangulation (Felony) arising from an incident alleged to have occurred on August 2, 2023. On August 28, 2023, Judge Julie Allyn found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On August 28, 2023, Judge Julie Allyn ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/005 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Thomas Prochazka, Assistant Hennepin County Attorney – Criminal Division; Christine Irfanullah, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/005 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/005 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 30, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Christine Irfanullah, Assistant Hennepin County Public Defender; c. Thomas Prochazka, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-23-17576 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-17576_Finding of Incompetency and Order_2024-02-02_20240430074616.pdf ===== --- meta case_number: 27-CR-23-17576 defendant: EMANUEL OMAR BLACK filing_type: Finding of Incompetency and Order filing_date: 2024-02-02 pages: 003 --- end meta ===== PAGE 001/003 ===== Filed in District Court State of Minnesota Feb 02, 2024 10:12 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-22-9720, 27-CR-23- State of Minnesota, 16226, 27-CR-23-17424, 27-CR-23-23670, 27-CR-23-25310, 27-CR-23-17576; 27-CR- Plaintiff, 22-12076, 27-CR-24-2150 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Emanuel Omar Black, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Judge of District Court on January 30, 2024. The hearing was held remotely using the Zoom internet platform. Michelle Doffing, Minneapolis City Attorney, represented the State. Defendant appeared in custody and was represented by Elizabeth Scott, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 11/05/1996), was charged in MNCIS file 27-CR-22-9720 with Theft (Misdemeanor) and Trespass (Misdemeanor) arising from an incident alleged to have occurred on May 21, 2022; in MNCIS file 27-CR-23-16226 with Theft (Misdemeanor) arising from an incident alleged to have occurred on July 30, 2023; in MNCIS file 27-CR-23-17424 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 16, 2023; in MNCIS file 27-CR-23-23670 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on November 3, 2023; in MNCIS file 27-CR-23-25310 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on November 27, 2023; in MNCIS file 27-CR-23-17576 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 19, 2023; in MNCIS file 27-CR-22-12076 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on June 8, 2022; and in MNCIS file 27-CR-24-2150 with Interrupt/Disrupt/Interfere with Emergency CB Radio (Misdemeanor), 4th Degree Damage to Property (Misdemeanor), and Transit- ===== PAGE 002/003 ===== Obstruct/Interfere with Operation of Vehicle (Misdemeanor) arising from an incident alleged to have occurred on January 26, 2024. 2. On November 28, 2023, Judge Thomas J. Conley ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The misdemeanor charges are dismissed pursuant to Rule 20.01. 2. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 3. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 4. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 5. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances. 2 ===== PAGE 003/003 ===== 6. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 7. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 8. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 9. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT 3 ============ 27-CR-23-18846 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-18846_Finding of Incompetency and Order_2023-10-10_20240430074709.pdf ===== --- meta case_number: 27-CR-23-18846 defendant: RICKY NELSON SULLIVAN, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-10-10 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Oct 12, 2023 1:18 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-15818; 27-CR-23- State of Minnesota, 18118; 27-CR-23-18266; 27-CR-23-18384; 27-CR-23-18478; 27-CR-23-18605; 27-CR- Plaintiff, 23-18170; 27-CR-23-18846; 27-CR-23-18850 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Ricky Nelson Sullivan, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on October 10, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Leslie O’Connor, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 04/19/1987), was charged in MNCIS file 27-CR-23-18850 with Theft (Felony) arising from an incident alleged to have occurred on August 27, 2023; in MNCIS file 27-CR-23-18846 with Theft (Felony) arising from an incident alleged to have occurred on August 22, 2023; in MNCIS file 27-CR-23-15818 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on July 27, 2023; in MNCIS file 27-CR-23-18118 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 25, 2023; in MNCIS file 27-CR-23-18266 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 25, 2023; in MNCIS file 27-CR-23-18384 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 29, 2023; in MNCIS file 27-CR-23-18478 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 30, 2023; in MNCIS file 27-CR-23-18605 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 31, 2023; and in MNCIS file 27-CR-23-18170 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 26, 2023. In the former case, on September 6, 2023, Judge Juan ===== PAGE 002/005 ===== Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On September 6, 2023, Judge Juan Hoyosordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. However, the parties agreed to adopt the findings from MNCIS file 27-CR-22-25418. 3. In MNCIS file 27-CR-22-25418, Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Christopher Filipski, Assistant Hennepin County Attorney – Criminal Division; Leslie O’Connor and Eli Pasmanter, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the 2 ===== PAGE 003/005 ===== Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 9, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Leslie O’Connor, Assistant Hennepin County Public Defender; c. Eli Pasmanter, Assistant Hennepin County Public Defender; d. Christopher Filipski, Assistant Hennepin County Attorney; e. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-18850 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-18850_Finding of Incompetency and Order_2023-10-10_20240430074746.pdf ===== --- meta case_number: 27-CR-23-18850 defendant: RICKY NELSON SULLIVAN, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-10-10 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Oct 12, 2023 1:18 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-15818; 27-CR-23- State of Minnesota, 18118; 27-CR-23-18266; 27-CR-23-18384; 27-CR-23-18478; 27-CR-23-18605; 27-CR- Plaintiff, 23-18170; 27-CR-23-18846; 27-CR-23-18850 vs. FINDINGS OF FACT, CONCLUSIONS OF LAW Ricky Nelson Sullivan, AND ORDER REGARDING COMPETENCY Defendant. This matter came before the undersigned Referee of District Court on October 10, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Leslie O’Connor, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 04/19/1987), was charged in MNCIS file 27-CR-23-18850 with Theft (Felony) arising from an incident alleged to have occurred on August 27, 2023; in MNCIS file 27-CR-23-18846 with Theft (Felony) arising from an incident alleged to have occurred on August 22, 2023; in MNCIS file 27-CR-23-15818 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on July 27, 2023; in MNCIS file 27-CR-23-18118 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 25, 2023; in MNCIS file 27-CR-23-18266 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 25, 2023; in MNCIS file 27-CR-23-18384 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 29, 2023; in MNCIS file 27-CR-23-18478 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 30, 2023; in MNCIS file 27-CR-23-18605 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 31, 2023; and in MNCIS file 27-CR-23-18170 with Trespass (Misdemeanor) arising from an incident alleged to have occurred on August 26, 2023. In the former case, on September 6, 2023, Judge Juan ===== PAGE 002/005 ===== Hoyos found probable cause to believe that the offense was committed and that Defendant committed it. 2. On September 6, 2023, Judge Juan Hoyosordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. However, the parties agreed to adopt the findings from MNCIS file 27-CR-22-25418. 3. In MNCIS file 27-CR-22-25418, Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Jennifer Flowers, Ph.D., L.P., Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Christopher Filipski, Assistant Hennepin County Attorney – Criminal Division; Leslie O’Connor and Eli Pasmanter, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the 2 ===== PAGE 003/005 ===== Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 3 ===== PAGE 004/005 ===== 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending 4 ===== PAGE 005/005 ===== the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 9, 2023. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Leslie O’Connor, Assistant Hennepin County Public Defender; c. Eli Pasmanter, Assistant Hennepin County Public Defender; d. Christopher Filipski, Assistant Hennepin County Attorney; e. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-18964 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-18964_Finding of Incompetency and Order_2023-10-18_20240430074822.pdf ===== --- meta case_number: 27-CR-23-18964 defendant: TROY CARL WARNKE, Jr. filing_type: Finding of Incompetency and Order filing_date: 2023-10-18 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Oct 18, 2023 12:03 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-18964 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Troy Carl Warnke, Jr., Defendant. This matter came before the undersigned Referee of District Court on October 17, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Amanda Brodhag, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 06/28/1986), was charged in MNCIS file 27-CR-23-18964 with two counts of Assault – Third Degree (Felony) arising from an incident alleged to have occurred on September 2, 2023. On September 7, 2023, Judge Juan Hoyos found probable cause to believe that the offenses were committed and that Defendant committed them. 2. On September 7, 2023, Judge Juan Hoyos ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Dawn Peuschold, PhD, ABPP, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Dawn Peuschold, PhD, ABPP, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. ===== PAGE 002/005 ===== CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Stephen Moeller, Assistant Hennepin County Attorney – Criminal Division; Amanda Brodhag, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or 2 ===== PAGE 003/005 ===== programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 3 ===== PAGE 004/005 ===== 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is April 16, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Amanda Brodhag, Assistant Hennepin County Public Defender; c. Stephen Moeller, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 4 ===== PAGE 005/005 ===== 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-20715 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-20715_Finding of Incompetency and Order_2023-11-01_20240430074856.pdf ===== --- meta case_number: 27-CR-23-20715 defendant: KESSIE KAFELE WILSON filing_type: Finding of Incompetency and Order filing_date: 2023-11-01 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 01, 2023 4:49 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-14861; 27-CR-23- State of Minnesota, 20715 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Kessie Kafele Wilson, Defendant. This matter came before the undersigned Judge of District Court on October 31, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Matthew Swiontek, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/02/1979), was convicted in MNCIS file 27-CR-21-14861 with Assault – 3rd Degree (Felony) arising from an incident that occurred on June 14, 2021. 2. Defendant was charged in MNCIS file 27-CR-23-20715 with Stalking (Felony) and Threats of Violence (Felony) arising from an incident alleged to have occurred on September 21, 2023. On September 29, 2023, Senior Judge Poston found probable cause to believe that the offenses were committed and that Defendant committed them. 3. Pursuant to agreement by the parties, the Court adopted the Rule 20.01 Report dated July 19, 2023, contained in MNCIS file 27-CR-23-8817. 4. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court in MNCIS file 27-CR-23-8817. 5. Dr. Kathryn Jameson, Psy.D., LP, ABPP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability ===== PAGE 002/005 ===== to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Thomas Prochazka, Assistant Hennepin County Attorney – Criminal Division; Matthew Swiontek, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/005 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/005 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is February 6, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Matthew Swiontek, Assistant Hennepin County Public Defender; c. Thomas Prochazka, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Judge of District Court 5 ============ 27-CR-23-21403 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-21403_Finding of Incompetency and Order_2024-04-26_20240430074932.pdf ===== --- meta case_number: 27-CR-23-21403 defendant: PETER JAHAN LEHMEYER filing_type: Finding of Incompetency and Order filing_date: 2024-04-26 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Apr 26, 2024 4:48 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-21403, 27-CR-24-385 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING v. COMPETENCY Peter Jahan Lehmeyer, Defendant. This matter came before the Honorable Michael K. Browne, Judge of District Court, on April 25, 2024. The hearing was held in person at the Hennepin County Government Center, 300 South Sixth Street, Minneapolis, Minnesota. Steven M. Tallen, Deephaven City Attorney, represented the State. Defendant appeared out of custody and was represented by Julia M. Inz, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 07/14/1982), was charged in MNCIS file 27-CR-23-21403 with driving after cancellation – inimical to public safety (Gross Misdemeanor) arising from an incident alleged to have occurred on October 6, 2023; and MNCIS Case No. 27-CR-24-385 with driving after cancellation – inimical to public safety (Gross Misdemeanor) arising from an incident alleged to have occurred on December 29, 2023. On October 9, 2023, Judge Wahl found probable cause to believe that the offense(s) was committed, and that Defendant committed it. 2. On October 9, 2024, the Honorable Edward Wahl, Judge of District Court, ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. 3. Dr. Elizabeth J. Barbo, Ph.D., L.P., Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. ===== PAGE 002/004 ===== 4. A contested competency hearing was held on April 11, 2024, and the undersigned judge determined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The prosecutor has thirty (30) days from filing of this Order to file a Notice of Intent to Prosecute the gross misdemeanor charge(s). ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Steven M. Tallen, Deephaven City Attorney – Criminal Division (stallen@grjn.com); Julia M. Inz, Assistant Hennepin County Public Defender (Julia.Inz@hennepin.us). 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the Defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 2 ===== PAGE 003/004 ===== 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 3 ===== PAGE 004/004 ===== 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 22, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Julia M. Inz, Assistant Hennepin County Public Defender; c. Steven M. Tallen, Deephaven City Attorney – Criminal Division; d. Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 13. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT 4 ============ 27-CR-23-21653 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-21653_Finding of Incompetency and Order_2023-11-15_20240430075012.pdf ===== --- meta case_number: 27-CR-23-21653 defendant: ROBERT WILLIAM BALSIMO filing_type: Finding of Incompetency and Order filing_date: 2023-11-15 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 15, 2023 9:47 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-21653; State of Minnesota, 27-CR-23-12404 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Robert William Balsimo, Defendant. This matter came before the undersigned Referee of District Court on November 14, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Raissa Carpenter, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 09/18/1981), was charged in MNCIS file 27-CR-23-21653 with Domestic Assault (Felony) arising from an incident alleged to have occurred on October 8, 2023; and in MNCIS file 27-CR-23-12404 with Speed 60 Zone 88/60 (Petty Misdemeanor), No Proof MV Insurance (Misdemeanor), Driving After Revocation (Misdemeanor), and Failure to Obey a Lawful Order (Misdemeanor) arising from an incident alleged to have occurred on June 5, 2023. On October 11, 2023, Judge Lisa Janzen found probable cause to believe that the felony offense was committed and that Defendant committed it. 2. On October 11, 2023, Judge Lisa Janzen ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Catherine A. Carlson, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Catherine A. Carlson, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability ===== PAGE 002/005 ===== to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charges must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Isaiah Ellison, Assistant Hennepin County Attorney – Criminal Division; Raissa Carpenter, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records 2 ===== PAGE 003/005 ===== maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider 3 ===== PAGE 004/005 ===== to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is May 14, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Raissa Carpenter, Assistant Hennepin County Public Defender (raissa.carpenter@hennepin.us); c. Isaiah Ellison, Assistant Hennepin County Attorney (Isaiah.Ellison@hennepin.us); 4 ===== PAGE 005/005 ===== d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5 ============ 27-CR-23-24219 — Finding of Incompetency and Order ============ ===== DOC: MCRO_27-CR-23-24219_Finding of Incompetency and Order_2023-11-22_20240430075048.pdf ===== --- meta case_number: 27-CR-23-24219 defendant: ALEXI BRE WASHINGTON filing_type: Finding of Incompetency and Order filing_date: 2023-11-22 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Nov 22, 2023 10:30 am STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-23-24219 State of Minnesota, FINDINGS OF FACT, Plaintiff, CONCLUSIONS OF LAW AND ORDER REGARDING vs. COMPETENCY Alexi Bre Washington, Defendant. This matter came before the undersigned Referee of District Court on November 21, 2023. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Susan Herlofsky, Assistant Hennepin County Public Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 05/22/1991), was charged in MNCIS file 27-CR-23-24219 with Simple Robbery (Felony) arising from an incident alleged to have occurred on November 12, 2023. On November 21, 2023, Judge Marta Chou found probable cause to believe that the offense was committed and that Defendant committed it. 2. On November 15, 2023, Judge Marta Chou ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn. R. Crim. P. 20.01. Pursuant to agreement by the parties, the Court adopts the Rule 20.01 report from MNCIS file 27-CR-21-21780, 3. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Maren Conway, PsyD, LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to ===== PAGE 002/005 ===== rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Thomas Manewitz, Assistant Hennepin County Attorney – Criminal Division; Atif Khan, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical 2 ===== PAGE 003/005 ===== dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received 3 ===== PAGE 004/005 ===== in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is May 14, 2024. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Atif Khan, Assistant Hennepin County Public Defender; c. Thomas Manewitz, Assistant Hennepin County Attorney; d. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); 4 ===== PAGE 005/005 ===== e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. Order Recommended By: BY THE COURT: Referee of District Court Judge of District Court 5