===== DOC: MCRO_27-CR-17-1555_Find of Fact-Order, Pet Commitment-Dfd Found Incompetent_2020-05-08_20240430093550.pdf ===== --- meta case_number: 27-CR-17-1555 defendant: ADRIAN MICHAEL WESLEY filing_type: Find of Fact-Order, Pet Commitment-Dfd Found Incompetent filing_date: 2020-05-08 pages: 007 --- end meta ===== PAGE 001/007 ===== 27-CR-17-1555 Filed in District Court State of Minnesota 5/8/2020 3:50 PM State of Minnesota District Court County of Hennepin Fourth Judicial District Judge Lisa K. Janzen State of Minnesota, Case Type: Criminal Plaintiff, FINDINGS OF FACT AND v. CONCLUSIONS OF LAW REGARDING DEFENDANT’S COMPETENCY TO PROCEED Adrian Wesley, Defendant. Case Numbers: 27-CR-17-1555 27-CR-17-22909 27-CR-17-8342 The above-entitled matter came before Lisa K. Janzen, Judge of District Court, on February 10, 2020, for an evidentiary hearing upon the Defense’s objection to the competency opinion rendered by Dr. Jason Lewis, dated October 1, 2019. Amy Blagoev, Assistant Hennepin County Attorney, appeared for the State. Julius Nolen, appeared on behalf of the defendant who was personally present. Dr. Jason Lewis, PhD, LP, of State Operated Forensic Services testified and the court received his report dated October 1, 2019 and his Curriculum Vitae as exhibits. The court also took judicial notice of the five previous rule 20.01 evaluations filed in the case. The court took the matter under advisement on February 10, 2020. Based upon the arguments presented and all the files and records herein, the Court orders as follows: 1. Defendant is INCOMPETENT to proceed. FINDINGS AND CONCLUSIONS Rule 20.01 of the Minnesota Rules of Criminal Procedure requires the court to find that the defendant is not competent unless the greater weight of the evidence shows that the defendant is competent. 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 ===== PAGE 002/007 ===== 27-CR-17-1555 Filed in District Court State of Minnesota 5/8/2020 3:50 PM to rationally consult with the defense attorney or understand and participate in the proceedings turns on the facts of each particular case. Mr. Wesley has been charged in file 27-CR-17-1555 with one count of Criminal Sexual Conduct in the 2nd Degree arising from an incident alleged to have occurred on January 15, 2017. He is also charged in file 27-CR-17-22909 with one count of Assault in the 4th Degree from an incident alleged to have occurred on July 14, 2017. Finally, he is charged in file 27-CR-17-8342 with one count of Criminal Damage to Property in the First Degree for an incident alleged to have occurred on March 5, 2017. On January 20, 2017 Judge Jay Quam found probable cause on file 27-CR-17-1555 and ordered that a Rule 20.01 evaluation be completed. Dr. Kristen A. Otte, Psy.D. LP of Hennepin Psychological Services was assigned to complete the first 20.01 evaluation of the defendant. She filed her report on February 17, 2017. Dr. Otte opined that Mr. Wesley was incompetent and provided the following diagnoses: 1. Other Specified Neurodevelopmental Disorder (Associated with Prenatal Alcohol Exposure, formerly referred to as Fetal Alcohol Syndrome). 2. Intellectual Disability, Moderate 3. Unspecified Depressive Disorder Dr. Otte indicated further information was required to determine whether Mr. Wesley met the diagnostic criteria for a psychotic disorder. Dr. Otte noted Mr. Wesley’s clinical presentation is complex due to his long standing and well- documented history of neurodevelopmental deficits and intellectual disabilities which contribute to problems with emotion regulation and behavioral control as well as his ability to communicate effectively about his thoughts and emotions. Mr. Wesley demonstrates a history of aggression and impulse control as well as sexually inappropriate behavior. Dr. Otte noted these issues are further compounded by his hearing impairment and that he requires the use of ASL interpreters to communicate and participate in evaluation interviews. Mr. Wesley’s deficits are due to drug and alcohol exposure in-utero. Due to maternal abuse and neglect he was removed from his mother’s care. His hearing loss is due to recurrent and untreated ear infections. ===== PAGE 003/007 ===== 27-CR-17-1555 Filed in District Court State of Minnesota 5/8/2020 3:50 PM Dr. Otte indicated in her evaluation that Mr. Wesley’s impairments result in significant deficits in planning and decision-making, reasoning, problem-solving, abstract thinking, emotion regulation, adaptive functioning and self-care. She opined that the deficits associated with his neurodevelopmental disorder and intellectual disability significantly interfere with his competency-related functioning. Dr. Otte opined that his prognosis for maintaining the requisite competency-related abilities is exceedingly poor. She noted his deficits and disabilities are chronic and long standing despite a long history of intensive support and intervention and wrote, “There is little likelihood that Mr. Wesley would be restored to competency in the foreseeable future.” On February 21, 2017, Judge Carolina Lamas entered findings of incompetency on all three of Mr. Wesley’s files and referred him for screening for civil commitment. He was subsequently committed as Developmentally Disabled and Mentally Ill and Dangerous. The Department of Human Services placed him in the Minnesota Security Hospital - St. Peter where he continues to reside as a patient. Subsequently he has undergone four additional forensic evaluations conducted by Dr. Jason Lewis of State Operated Forensic Services. In each of the four subsequent evaluations, Dr. Lewis opined that Mr. Wesley was incompetent. Additionally, Dr. Lewis included a diagnoses of Unspecified Schizophrenia Spectrum and Psychotic Disorder. In the most recent Rule 20.01 evaluation, filed on October 1, 2019, Dr. Lewis filed a report opining that Mr. Wesley has been restored to competency. Dr. Lewis noted that Mr. Wesley is psychiatrically stable and has been psychiatrically stable for the last couple evaluations. Dr. Lewis indicated Mr. Wesley demonstrates a lack of ongoing psychosis, he is alert, and his memory and thought processes are intact. Thus, Mr. Wesley’s mental illness is not currently interfering significantly with competency issues. The questions the court must determine is whether Mr. Wesley’s chronic cognitive deficits render him incompetent. Dr. Lewis is a forensic examiner for State Operated Forensic Services and was previously the Clinical Director of the Competency Restoration Program. He testified that the Competency Restoration Program focuses on educating patients about the criminal legal process, including the roles of the parties in ===== PAGE 004/007 ===== 27-CR-17-1555 Filed in District Court State of Minnesota 5/8/2020 3:50 PM the legal system, the trial process and possible sentences. They also discuss the evidence and facts in each patient’s case. The goal is for the patients to understand the legal process sufficiently to be able to rationally consult with counsel and to be able to participate in their defense. The program consists of group class sessions and uses an assessment tool, consisting of one-hundred questions about the criminal process, to assist with a competency determination. At the evidentiary hearing Dr. Lewis testified that the main factor he considered in his opinion that Mr. Wesley has been restored to competency was that Mr. Wesley had recently demonstrated an increased knowledge of legal concepts and facts related to his charges. Dr. Lewis testified the hospital had recently increased the frequency of Mr. Wesley’s competency restoration sessions as compared to the prior evaluation review period. Dr. Lewis testified that Mr. Wesley is now able to discuss the evidence, facts and possible sentences of each of his cases individually. This is consistent with the restoration program’s records which show substantial progress being made in the restoration groups he has been participating in. Dr. Lewis testified regarding Mr. Wesley’s recent performance on the assessment tool. Below are examples of questions and responses given by Mr. Wesley noted during the hearing. 1. When asked whether he is obligated to accept a plea bargain Mr. Wesley responded, “Defendants have to take a plea bargain”. Dr. Lewis testified he did consider this significant as it relates to competency. 2. Mr. Wesley was unable to understand the difference between a sentence to jail and a prison sentence. Dr. Lewis testified he did not consider this significant. 3. When asked to explain what not guilty by reason of mental illness means Mr. Wesley responded, “Maybe I did it but they are going to drop the charges”. Dr. Wesley testified this response is inadequate but not significant. 4. Mr. Wesley was able to identify six basis rights rudimentarily. 5. Mr. Wesley answered one question, “If I plead not guilty the charge will be dropped”. 6. Mr. Wesley was not able to answer some questions without being given clues and took a significant amount of time to answer many questions. ===== PAGE 005/007 ===== 27-CR-17-1555 Filed in District Court State of Minnesota 5/8/2020 3:50 PM Dr. Lewis agreed that Mr. Wesley still demonstrates some deficits as it relates to competency, but that based on the totality of the data he is now able to communicate rationally with counsel and participate in his defense, with the caveat that defense counsel is encouraged to use simple language to explain the legal concepts and to identify multiple ways to describe complicated legal concepts. Dr. Lewis wrote, “Put another way, the ‘legalese’ that a layman with no mental illness or intellectual deficits would find confusing will be particularly challenging for Mr. Wesley, but he has demonstrated the ability to participate meaningfully in his defense when the discourse is simplified.” Dr. Lewis also made an additional recommendation that the sign language interpreter have a CDI certification, which means that the interpreter is also deaf and familiar with deaf culture. This type of interpreter is considered more able to accurately interpret and communicate. Dr. Lewis testified that the last time he met with Mr. Wesley was in September but that the notes he reviewed regarding progress between October and February indicated he has not decompensated. He also testified that if Mr. Wesley were to stop taking the competency restoration classes he would likely regress to incompetency. At the evidentiary hearing attorney Susan Herlofsky testified that she is not the attorney of record for Mr. Wesley, but works at the public defender office with assigned counsel, Julius Nolen. She met with Mr. Wesley and assigned counsel prior to the hearing and sat at counsel table during the hearing. She testified in their conversation prior to the hearing Mr. Wesley did not understand what a trial was and was unable to understand the difference between a trial by jury and a court trial. He told defense counsel that he was proud that he “passed the test” at St. Peter hospital. Ms. Herlofsky testified at the end of the evidentiary hearing and stated that during the evidentiary hearing Mr. Wesley did not appear to understand the proceedings, had been unable to consult with counsel rationally or answer specific questions that counsel asked of him. Based on the totality of the above noted facts, the court finds that the greater weight of the evidence demonstrates Mr. Wesley is not able to rationally consult with counsel or participate in his defense. While Mr. Wesley has demonstrated a basic understanding of the facts of his case and the legal process during his competency classes, this understanding appears to be rudimentary and fleeting. The court does not find ===== PAGE 006/007 ===== 27-CR-17-1555 Filed in District Court State of Minnesota 5/8/2020 3:50 PM that this evidence demonstrates a cognitive ability to understand the legal concepts. Rather, it appears Mr. Wesley has been able to memorize definitions and terms due to repetition as a result of the high frequency of the competency classes he attends. This finding is further supported by Dr. Lewis’s testimony that if Mr. Wesley were to discontinue competency restoration classes, he would likely soon regress to incompetency. In order to rationally consult with counsel and participate in his defense, a defendant must have the cognitive ability, after consulting with counsel, to make important decisions about whether to accept a plea bargain, whether to have a jury or court trial and whether or not to testify. These decisions regarding the waiver of constitutional rights must be made by a defendant himself, after consulting with counsel. The defendant’s attorney may not make these decisions for a defendant. While it appears Mr. Wesley now understands that he must behave properly in a courtroom setting and that he should follow the advice of counsel, simply indicating that he will “behave” in the courtroom and do what his lawyers tell him to do not establish that he is competent. His lack of understanding about whether he must accept a plea bargain and the difference between jail and prison is evidence that he is unable to participate in his defense. As noted by the psychologists, his cognitive impairments significantly interfere with his reasoning and decision making abilities. Most importantly, defense counsel’s testimony that during the evidentiary hearing he demonstrated a lack of understanding about what a trial was and did not have the ability to consult with counsel or participate in his defense solidifies the court’s conclusion that Mr. Wesley is incompetent. Finally, it is important to take into consideration the recommendations of Dr. Lewis regarding suggested accommodations that can be made to assist Mr. Wesley in understanding the proceedings. Dr. Lewis indicates that Mr. Wesley does not have the ability to understand the “legalese” that a typical layman defendant would comprehend. His suggestion that defense counsel allot more time than customary, use simple language and explain legal concepts in multiple ways is prudent and the court does believe that defense counsel can implement these strategies. However, under the facts of Mr. Wesley’s case, the court does not find that these accommodations are sufficient to render an otherwise incompetent defendant competent. Slowing down a legal proceeding by pausing or recessing to allow defense counsel to explain ===== PAGE 007/007 ===== 27-CR-17-1555 Filed in District Court State of Minnesota 5/8/2020 3:50 PM every process, objection, argument or term used in witness testimony will not be sufficient to allow Mr. Wesley to comprehend the process, rationally consult with counsel and participate in his own defense. Dr. Lewis noted in his April 2019 evaluation that “if his competence-related deficits are primarily the result of intellectual deficits, his prognosis is likely to be poor.” The court finds that his competency related deficits are the result of his intellectual deficits. Although his factual understanding of his charges and the legal process has improved due to competency classes, the greater weight of the evidence does not establish that he has the rational ability to consult with counsel regarding trial strategy, make decisions regarding the waiver of constitutional rights and plea negotiations or otherwise participate in his defense. The state has not met its burden of proving, by greater weight of the evidence that Mr. Wesley is competent. Therefore the court finds that the defendant, Mr. Wesley, is INCOMPETENT. LKJ By the Court: Dated: 5/8/2020 ____________________________________ Lisa K. Janzen Judge of District Court ===== DOC: MCRO_27-CR-17-22909_Find of Fact-Order, Pet Commitment-Dfd Found Incompetent_2020-05-08_20240430093726.pdf ===== --- meta case_number: 27-CR-17-22909 defendant: ADRIAN MICHAEL WESLEY filing_type: Find of Fact-Order, Pet Commitment-Dfd Found Incompetent filing_date: 2020-05-08 pages: 007 --- end meta ===== PAGE 001/007 ===== 27-CR-17-22909 Filed in District Court State of Minnesota 5/8/2020 3:52 PM State of Minnesota District Court County of Hennepin Fourth Judicial District Judge Lisa K. Janzen State of Minnesota, Case Type: Criminal Plaintiff, FINDINGS OF FACT AND v. CONCLUSIONS OF LAW REGARDING DEFENDANT’S COMPETENCY TO PROCEED Adrian Wesley, Defendant. Case Numbers: 27-CR-17-1555 27-CR-17-22909 27-CR-17-8342 The above-entitled matter came before Lisa K. Janzen, Judge of District Court, on February 10, 2020, for an evidentiary hearing upon the Defense’s objection to the competency opinion rendered by Dr. Jason Lewis, dated October 1, 2019. Amy Blagoev, Assistant Hennepin County Attorney, appeared for the State. Julius Nolen, appeared on behalf of the defendant who was personally present. Dr. Jason Lewis, PhD, LP, of State Operated Forensic Services testified and the court received his report dated October 1, 2019 and his Curriculum Vitae as exhibits. The court also took judicial notice of the five previous rule 20.01 evaluations filed in the case. The court took the matter under advisement on February 10, 2020. Based upon the arguments presented and all the files and records herein, the Court orders as follows: 1. Defendant is INCOMPETENT to proceed. FINDINGS AND CONCLUSIONS Rule 20.01 of the Minnesota Rules of Criminal Procedure requires the court to find that the defendant is not competent unless the greater weight of the evidence shows that the defendant is competent. 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 ===== PAGE 002/007 ===== 27-CR-17-22909 Filed in District Court State of Minnesota 5/8/2020 3:52 PM to rationally consult with the defense attorney or understand and participate in the proceedings turns on the facts of each particular case. Mr. Wesley has been charged in file 27-CR-17-1555 with one count of Criminal Sexual Conduct in the 2nd Degree arising from an incident alleged to have occurred on January 15, 2017. He is also charged in file 27-CR-17-22909 with one count of Assault in the 4th Degree from an incident alleged to have occurred on July 14, 2017. Finally, he is charged in file 27-CR-17-8342 with one count of Criminal Damage to Property in the First Degree for an incident alleged to have occurred on March 5, 2017. On January 20, 2017 Judge Jay Quam found probable cause on file 27-CR-17-1555 and ordered that a Rule 20.01 evaluation be completed. Dr. Kristen A. Otte, Psy.D. LP of Hennepin Psychological Services was assigned to complete the first 20.01 evaluation of the defendant. She filed her report on February 17, 2017. Dr. Otte opined that Mr. Wesley was incompetent and provided the following diagnoses: 1. Other Specified Neurodevelopmental Disorder (Associated with Prenatal Alcohol Exposure, formerly referred to as Fetal Alcohol Syndrome). 2. Intellectual Disability, Moderate 3. Unspecified Depressive Disorder Dr. Otte indicated further information was required to determine whether Mr. Wesley met the diagnostic criteria for a psychotic disorder. Dr. Otte noted Mr. Wesley’s clinical presentation is complex due to his long standing and well- documented history of neurodevelopmental deficits and intellectual disabilities which contribute to problems with emotion regulation and behavioral control as well as his ability to communicate effectively about his thoughts and emotions. Mr. Wesley demonstrates a history of aggression and impulse control as well as sexually inappropriate behavior. Dr. Otte noted these issues are further compounded by his hearing impairment and that he requires the use of ASL interpreters to communicate and participate in evaluation interviews. Mr. Wesley’s deficits are due to drug and alcohol exposure in-utero. Due to maternal abuse and neglect he was removed from his mother’s care. His hearing loss is due to recurrent and untreated ear infections. ===== PAGE 003/007 ===== 27-CR-17-22909 Filed in District Court State of Minnesota 5/8/2020 3:52 PM Dr. Otte indicated in her evaluation that Mr. Wesley’s impairments result in significant deficits in planning and decision-making, reasoning, problem-solving, abstract thinking, emotion regulation, adaptive functioning and self-care. She opined that the deficits associated with his neurodevelopmental disorder and intellectual disability significantly interfere with his competency-related functioning. Dr. Otte opined that his prognosis for maintaining the requisite competency-related abilities is exceedingly poor. She noted his deficits and disabilities are chronic and long standing despite a long history of intensive support and intervention and wrote, “There is little likelihood that Mr. Wesley would be restored to competency in the foreseeable future.” On February 21, 2017, Judge Carolina Lamas entered findings of incompetency on all three of Mr. Wesley’s files and referred him for screening for civil commitment. He was subsequently committed as Developmentally Disabled and Mentally Ill and Dangerous. The Department of Human Services placed him in the Minnesota Security Hospital - St. Peter where he continues to reside as a patient. Subsequently he has undergone four additional forensic evaluations conducted by Dr. Jason Lewis of State Operated Forensic Services. In each of the four subsequent evaluations, Dr. Lewis opined that Mr. Wesley was incompetent. Additionally, Dr. Lewis included a diagnoses of Unspecified Schizophrenia Spectrum and Psychotic Disorder. In the most recent Rule 20.01 evaluation, filed on October 1, 2019, Dr. Lewis filed a report opining that Mr. Wesley has been restored to competency. Dr. Lewis noted that Mr. Wesley is psychiatrically stable and has been psychiatrically stable for the last couple evaluations. Dr. Lewis indicated Mr. Wesley demonstrates a lack of ongoing psychosis, he is alert, and his memory and thought processes are intact. Thus, Mr. Wesley’s mental illness is not currently interfering significantly with competency issues. The questions the court must determine is whether Mr. Wesley’s chronic cognitive deficits render him incompetent. Dr. Lewis is a forensic examiner for State Operated Forensic Services and was previously the Clinical Director of the Competency Restoration Program. He testified that the Competency Restoration Program focuses on educating patients about the criminal legal process, including the roles of the parties in ===== PAGE 004/007 ===== 27-CR-17-22909 Filed in District Court State of Minnesota 5/8/2020 3:52 PM the legal system, the trial process and possible sentences. They also discuss the evidence and facts in each patient’s case. The goal is for the patients to understand the legal process sufficiently to be able to rationally consult with counsel and to be able to participate in their defense. The program consists of group class sessions and uses an assessment tool, consisting of one-hundred questions about the criminal process, to assist with a competency determination. At the evidentiary hearing Dr. Lewis testified that the main factor he considered in his opinion that Mr. Wesley has been restored to competency was that Mr. Wesley had recently demonstrated an increased knowledge of legal concepts and facts related to his charges. Dr. Lewis testified the hospital had recently increased the frequency of Mr. Wesley’s competency restoration sessions as compared to the prior evaluation review period. Dr. Lewis testified that Mr. Wesley is now able to discuss the evidence, facts and possible sentences of each of his cases individually. This is consistent with the restoration program’s records which show substantial progress being made in the restoration groups he has been participating in. Dr. Lewis testified regarding Mr. Wesley’s recent performance on the assessment tool. Below are examples of questions and responses given by Mr. Wesley noted during the hearing. 1. When asked whether he is obligated to accept a plea bargain Mr. Wesley responded, “Defendants have to take a plea bargain”. Dr. Lewis testified he did consider this significant as it relates to competency. 2. Mr. Wesley was unable to understand the difference between a sentence to jail and a prison sentence. Dr. Lewis testified he did not consider this significant. 3. When asked to explain what not guilty by reason of mental illness means Mr. Wesley responded, “Maybe I did it but they are going to drop the charges”. Dr. Wesley testified this response is inadequate but not significant. 4. Mr. Wesley was able to identify six basis rights rudimentarily. 5. Mr. Wesley answered one question, “If I plead not guilty the charge will be dropped”. 6. Mr. Wesley was not able to answer some questions without being given clues and took a significant amount of time to answer many questions. ===== PAGE 005/007 ===== 27-CR-17-22909 Filed in District Court State of Minnesota 5/8/2020 3:52 PM Dr. Lewis agreed that Mr. Wesley still demonstrates some deficits as it relates to competency, but that based on the totality of the data he is now able to communicate rationally with counsel and participate in his defense, with the caveat that defense counsel is encouraged to use simple language to explain the legal concepts and to identify multiple ways to describe complicated legal concepts. Dr. Lewis wrote, “Put another way, the ‘legalese’ that a layman with no mental illness or intellectual deficits would find confusing will be particularly challenging for Mr. Wesley, but he has demonstrated the ability to participate meaningfully in his defense when the discourse is simplified.” Dr. Lewis also made an additional recommendation that the sign language interpreter have a CDI certification, which means that the interpreter is also deaf and familiar with deaf culture. This type of interpreter is considered more able to accurately interpret and communicate. Dr. Lewis testified that the last time he met with Mr. Wesley was in September but that the notes he reviewed regarding progress between October and February indicated he has not decompensated. He also testified that if Mr. Wesley were to stop taking the competency restoration classes he would likely regress to incompetency. At the evidentiary hearing attorney Susan Herlofsky testified that she is not the attorney of record for Mr. Wesley, but works at the public defender office with assigned counsel, Julius Nolen. She met with Mr. Wesley and assigned counsel prior to the hearing and sat at counsel table during the hearing. She testified in their conversation prior to the hearing Mr. Wesley did not understand what a trial was and was unable to understand the difference between a trial by jury and a court trial. He told defense counsel that he was proud that he “passed the test” at St. Peter hospital. Ms. Herlofsky testified at the end of the evidentiary hearing and stated that during the evidentiary hearing Mr. Wesley did not appear to understand the proceedings, had been unable to consult with counsel rationally or answer specific questions that counsel asked of him. Based on the totality of the above noted facts, the court finds that the greater weight of the evidence demonstrates Mr. Wesley is not able to rationally consult with counsel or participate in his defense. While Mr. Wesley has demonstrated a basic understanding of the facts of his case and the legal process during his competency classes, this understanding appears to be rudimentary and fleeting. The court does not find ===== PAGE 006/007 ===== 27-CR-17-22909 Filed in District Court State of Minnesota 5/8/2020 3:52 PM that this evidence demonstrates a cognitive ability to understand the legal concepts. Rather, it appears Mr. Wesley has been able to memorize definitions and terms due to repetition as a result of the high frequency of the competency classes he attends. This finding is further supported by Dr. Lewis’s testimony that if Mr. Wesley were to discontinue competency restoration classes, he would likely soon regress to incompetency. In order to rationally consult with counsel and participate in his defense, a defendant must have the cognitive ability, after consulting with counsel, to make important decisions about whether to accept a plea bargain, whether to have a jury or court trial and whether or not to testify. These decisions regarding the waiver of constitutional rights must be made by a defendant himself, after consulting with counsel. The defendant’s attorney may not make these decisions for a defendant. While it appears Mr. Wesley now understands that he must behave properly in a courtroom setting and that he should follow the advice of counsel, simply indicating that he will “behave” in the courtroom and do what his lawyers tell him to do not establish that he is competent. His lack of understanding about whether he must accept a plea bargain and the difference between jail and prison is evidence that he is unable to participate in his defense. As noted by the psychologists, his cognitive impairments significantly interfere with his reasoning and decision making abilities. Most importantly, defense counsel’s testimony that during the evidentiary hearing he demonstrated a lack of understanding about what a trial was and did not have the ability to consult with counsel or participate in his defense solidifies the court’s conclusion that Mr. Wesley is incompetent. Finally, it is important to take into consideration the recommendations of Dr. Lewis regarding suggested accommodations that can be made to assist Mr. Wesley in understanding the proceedings. Dr. Lewis indicates that Mr. Wesley does not have the ability to understand the “legalese” that a typical layman defendant would comprehend. His suggestion that defense counsel allot more time than customary, use simple language and explain legal concepts in multiple ways is prudent and the court does believe that defense counsel can implement these strategies. However, under the facts of Mr. Wesley’s case, the court does not find that these accommodations are sufficient to render an otherwise incompetent defendant competent. Slowing down a legal proceeding by pausing or recessing to allow defense counsel to explain ===== PAGE 007/007 ===== 27-CR-17-22909 Filed in District Court State of Minnesota 5/8/2020 3:52 PM every process, objection, argument or term used in witness testimony will not be sufficient to allow Mr. Wesley to comprehend the process, rationally consult with counsel and participate in his own defense. Dr. Lewis noted in his April 2019 evaluation that “if his competence-related deficits are primarily the result of intellectual deficits, his prognosis is likely to be poor.” The court finds that his competency related deficits are the result of his intellectual deficits. Although his factual understanding of his charges and the legal process has improved due to competency classes, the greater weight of the evidence does not establish that he has the rational ability to consult with counsel regarding trial strategy, make decisions regarding the waiver of constitutional rights and plea negotiations or otherwise participate in his defense. The state has not met its burden of proving, by greater weight of the evidence that Mr. Wesley is competent. Therefore the court finds that the defendant, Mr. Wesley, is INCOMPETENT. LKJ By the Court: Dated: 5/8/2020 ____________________________________ Lisa K. Janzen Judge of District Court ===== DOC: MCRO_27-CR-17-22909_Order-Other_2017-09-13_20240430093736.pdf ===== --- meta case_number: 27-CR-17-22909 defendant: ADRIAN MICHAEL WESLEY filing_type: Order-Other filing_date: 2017-09-13 pages: 003 --- end meta ===== PAGE 001/003 ===== 27-CR-17-22909 Filed in Fourth Judicial District Court 9/13/2017 2:36 PM Hennepin County, MN STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT State of Minnesota, ) FINDINGS OF FACT ) CONCLUSIONS OF LAW Plaintiff, ) AND ORDER INCLUDING ) PETITION FOR vs. ) JUDICIAL COMMITMENT ) Michael Adrian Wesley, ) MNCIS No: 27-CR-17-22909 ) Defendant. ) ******** This matter was charged on September 12, 2017, and a complaint was issued as a warrant. Parties waived a hearing and appearance on the matter. Pursuant to the evidence adduced at the hearing and upon all of the files, records, and proceedings herein, the Court makes the following: FINDINGS OF FACT 1. The Defendant was born March 15, 1991; the Defendant is not a Veteran; and Defendant’s nearest kindred is his aunt. 2. Defendant was charged with Assault in the Fourth Degree (Felony) from an offense date of July 14, 2017. On September 13, 2017, Judge Lamas found probable cause to believe that the crime was committed and that Defendant committed it. 3. On January 20, 2017, Judge Jay Quam of the Fourth Judicial District ordered an examination of the Defendant’s mental condition pursuant to Minn.R.Crim.P. 20.01 in. 4. In a report to the Court in MNCIS Case No. 27-CR-17-1555 and MNCIS Case No. 27- CR-17-8342, Kristen Otte, Psy.D., LP, Senior Clinical Forensic Psychologist, Regional ===== PAGE 002/003 ===== 27-CR-17-22909 Filed in Fourth Judicial District Court 9/13/2017 2:36 PM Hennepin County, MN Psychological Services, has determined that the Defendant may be mentally ill or mentally deficient so as to be incompetent to stand trial. 5. On February 21, 2017, Judge Lamas of the Fourth Judicial District Court found the defendant mentally ill or mentally deficient so as to be incompetent to stand trial. 6. Defendant was committed to the Minnesota Security Hospital, Saint Peter, as mentally ill and dangerous on July 27, 2017. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The Criminal proceedings are hereby suspended until the Defendant has returned to a competent state of mind. 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. 3. The undersigned shall file this Order with the Fourth Judicial District Court – Criminal Division and the following persons/agencies shall be served with electronic copies of the Order: a. Fourth Judicial District Court – Mental Health Division; b. Hennepin County Attorney’s Office – Mental Health Division; c. Hennepin County Attorney’s Office – Criminal Division; d. Kellie Charles, Assistant Hennepin County Public Defender; and e. Hennepin County Pre-petition Screening Unit. 4. The Defendant’s next review date in Hennepin County District Court – Criminal Division on the criminal matter and status review of Rule 20, Minn.R.Crim.P. is 2 ===== PAGE 003/003 ===== 27-CR-17-22909 Filed in Fourth Judicial District Court 9/13/2017 2:36 PM Hennepin County, MN October 31, 2017. 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. Kellie Charles, Assistant Hennepin County Public Defender; c. Sarah Hilleren, Assistant Hennepin County Attorney; d. Hennepin County Attorney – Mental Health Section; and e. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. BY THE COURT: Lamas, Carolina 2017.09.13 14:21:57 DATED: September 13, 2017 -05'00' ______________________________ Carolina A. Lamas Judge of District Court Fourth Judicial District Attachments: Examiner’s Report Police Reports Complaints 3 ===== DOC: MCRO_27-CR-17-8342_Find of Fact-Order, Pet Commitment-Dfd Found Incompetent_2017-04-11_20240430093657.pdf ===== --- meta case_number: 27-CR-17-8342 defendant: ADRIAN MICHAEL WESLEY filing_type: Find of Fact-Order, Pet Commitment-Dfd Found Incompetent filing_date: 2017-04-11 pages: 003 --- end meta ===== PAGE 001/003 ===== STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT State of Minnesota, ) FINDINGS OF FACT ) CONCLUSIONS OF LAW Plaintiff, ) AND ORDER INCLUDING ) PETITION FOR vs. ) JUDICIAL COMMITMENT ) Adrian Michael Wesley, ) MNCIS No: 27-CR-17-8342 ) Defendant. ) ******** This matter came on for hearing before the undersigned Judge on April 11, 2017. Robert Sorensen, Assistant Hennepin County Attorney, represented the plaintiff on the felony. The Defendant appeared with counsel, Kellie Charles, of the Hennepin County Defender’s Office. Pursuant to the evidence adduced at the hearing and upon all of the files, records, and proceedings herein, the Court makes the following: FINDINGS OF FACT 1. The defendant was born on March 15, 1991; resides in a group home, the defendant is not a Veteran; and his nearest kindred who lives in Minnesota is his aunt. 2. The defendant has an open Civil Commitment Case, 27MHPR17175, in Hennepin County that is scheduled for a Settlement Conference on April 12, 2017, at 1:15 pm before referee Anthony Schumacher. 3. The defendant is in custody at the Hennepin County Public Safety Facility. 4. The defendant was charged with the alleged offense of Felony Damage to Property from the date of March 5, 2017. Copies of the complaint and police reports are incorporated herein by reference. ===== PAGE 002/003 ===== 5. On April 6, 2017, Judge Anderson ordered Psychological Services of Hennepin County District Court, to conduct an examination and make an evaluation of the Defendant’s mental condition pursuant to Minn.R.Crim.P. 20.01. 6. On February 21, 2017, Judge Carolina A. Lamas found defendant incompetent in file 27-CR-17-1555. In a report to the Court in file 27-CR-17-1555, attached and incorporated herein, Kristen Otte, Psy.D., LP, Senior Clinical Forensic Psychologist, Psychological Services of Hennepin County District Court, determined that the Defendant may be mentally ill or mentally deficient so as to be incompetent to stand trial. The report to the Court from 27-CR-17-1555 shall be incorporated into 27-CR- 17-8342. CONCLUSION OF LAW Defendant is presently incompetent to stand trial. ORDER 1. Defendant’s civil commitment shall continue in accordance with Minnesota Rule of Criminal Procedure 20.01, subdivision 6(b)(1). The civil court should determine whether to add 20.01 safe and secure language to the commitment and begin competency restoration programming. 2. The Criminal proceedings are hereby suspended until the Defendant has returned to a competent state of mind. 3. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filled with Court within ten days of the date of service. 4. The undersigned shall file this Order with the Fourth Judicial District Court – Criminal Division and the following persons/agencies shall be served with electronic copies of the Order: 2 ===== PAGE 003/003 ===== a. Fourth Judicial District Court – Mental Health Division; b. Hennepin County Attorney’s Office – Mental Health Division; c. .Mark Gray – Civil Defense Attorney. d. Hennepin County Attorney’s Office – Criminal Division 5. The Defendant’s next review date in Hennepin County District Court – Criminal Division on the criminal matter and status review of the Rule 20, Minn.R.Crim.P. is August 22, 2017. One week prior to that date, reports regarding Defendant’s competency and mental status shall be prepared by DHS or Fourth Judicial District Court – Psychological Services, and e-filed and e-served to: a. Fourth Judicial District Court – Mental Health Division; b. Hennepin County Attorney’s Office – Mental Health Division; c. Mark Gray. – Civil Defense Attorney. d. Hennepin County Attorney’s Office – Criminal Division BY THE COURT: DATED: April 11, 2017 ______________________________ Carolina A. Lamas Judge of District Court Fourth Judicial District 3 ===== DOC: MCRO_27-CR-17-8342_Find of Fact-Order, Pet Commitment-Dfd Found Incompetent_2020-05-08_20240430093644.pdf ===== --- meta case_number: 27-CR-17-8342 defendant: ADRIAN MICHAEL WESLEY filing_type: Find of Fact-Order, Pet Commitment-Dfd Found Incompetent filing_date: 2020-05-08 pages: 007 --- end meta ===== PAGE 001/007 ===== 27-CR-17-8342 Filed in District Court State of Minnesota 5/8/2020 3:54 PM State of Minnesota District Court County of Hennepin Fourth Judicial District Judge Lisa K. Janzen State of Minnesota, Case Type: Criminal Plaintiff, FINDINGS OF FACT AND v. CONCLUSIONS OF LAW REGARDING DEFENDANT’S COMPETENCY TO PROCEED Adrian Wesley, Defendant. Case Numbers: 27-CR-17-1555 27-CR-17-22909 27-CR-17-8342 The above-entitled matter came before Lisa K. Janzen, Judge of District Court, on February 10, 2020, for an evidentiary hearing upon the Defense’s objection to the competency opinion rendered by Dr. Jason Lewis, dated October 1, 2019. Amy Blagoev, Assistant Hennepin County Attorney, appeared for the State. Julius Nolen, appeared on behalf of the defendant who was personally present. Dr. Jason Lewis, PhD, LP, of State Operated Forensic Services testified and the court received his report dated October 1, 2019 and his Curriculum Vitae as exhibits. The court also took judicial notice of the five previous rule 20.01 evaluations filed in the case. The court took the matter under advisement on February 10, 2020. Based upon the arguments presented and all the files and records herein, the Court orders as follows: 1. Defendant is INCOMPETENT to proceed. FINDINGS AND CONCLUSIONS Rule 20.01 of the Minnesota Rules of Criminal Procedure requires the court to find that the defendant is not competent unless the greater weight of the evidence shows that the defendant is competent. 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 ===== PAGE 002/007 ===== 27-CR-17-8342 Filed in District Court State of Minnesota 5/8/2020 3:54 PM to rationally consult with the defense attorney or understand and participate in the proceedings turns on the facts of each particular case. Mr. Wesley has been charged in file 27-CR-17-1555 with one count of Criminal Sexual Conduct in the 2nd Degree arising from an incident alleged to have occurred on January 15, 2017. He is also charged in file 27-CR-17-22909 with one count of Assault in the 4th Degree from an incident alleged to have occurred on July 14, 2017. Finally, he is charged in file 27-CR-17-8342 with one count of Criminal Damage to Property in the First Degree for an incident alleged to have occurred on March 5, 2017. On January 20, 2017 Judge Jay Quam found probable cause on file 27-CR-17-1555 and ordered that a Rule 20.01 evaluation be completed. Dr. Kristen A. Otte, Psy.D. LP of Hennepin Psychological Services was assigned to complete the first 20.01 evaluation of the defendant. She filed her report on February 17, 2017. Dr. Otte opined that Mr. Wesley was incompetent and provided the following diagnoses: 1. Other Specified Neurodevelopmental Disorder (Associated with Prenatal Alcohol Exposure, formerly referred to as Fetal Alcohol Syndrome). 2. Intellectual Disability, Moderate 3. Unspecified Depressive Disorder Dr. Otte indicated further information was required to determine whether Mr. Wesley met the diagnostic criteria for a psychotic disorder. Dr. Otte noted Mr. Wesley’s clinical presentation is complex due to his long standing and well- documented history of neurodevelopmental deficits and intellectual disabilities which contribute to problems with emotion regulation and behavioral control as well as his ability to communicate effectively about his thoughts and emotions. Mr. Wesley demonstrates a history of aggression and impulse control as well as sexually inappropriate behavior. Dr. Otte noted these issues are further compounded by his hearing impairment and that he requires the use of ASL interpreters to communicate and participate in evaluation interviews. Mr. Wesley’s deficits are due to drug and alcohol exposure in-utero. Due to maternal abuse and neglect he was removed from his mother’s care. His hearing loss is due to recurrent and untreated ear infections. ===== PAGE 003/007 ===== 27-CR-17-8342 Filed in District Court State of Minnesota 5/8/2020 3:54 PM Dr. Otte indicated in her evaluation that Mr. Wesley’s impairments result in significant deficits in planning and decision-making, reasoning, problem-solving, abstract thinking, emotion regulation, adaptive functioning and self-care. She opined that the deficits associated with his neurodevelopmental disorder and intellectual disability significantly interfere with his competency-related functioning. Dr. Otte opined that his prognosis for maintaining the requisite competency-related abilities is exceedingly poor. She noted his deficits and disabilities are chronic and long standing despite a long history of intensive support and intervention and wrote, “There is little likelihood that Mr. Wesley would be restored to competency in the foreseeable future.” On February 21, 2017, Judge Carolina Lamas entered findings of incompetency on all three of Mr. Wesley’s files and referred him for screening for civil commitment. He was subsequently committed as Developmentally Disabled and Mentally Ill and Dangerous. The Department of Human Services placed him in the Minnesota Security Hospital - St. Peter where he continues to reside as a patient. Subsequently he has undergone four additional forensic evaluations conducted by Dr. Jason Lewis of State Operated Forensic Services. In each of the four subsequent evaluations, Dr. Lewis opined that Mr. Wesley was incompetent. Additionally, Dr. Lewis included a diagnoses of Unspecified Schizophrenia Spectrum and Psychotic Disorder. In the most recent Rule 20.01 evaluation, filed on October 1, 2019, Dr. Lewis filed a report opining that Mr. Wesley has been restored to competency. Dr. Lewis noted that Mr. Wesley is psychiatrically stable and has been psychiatrically stable for the last couple evaluations. Dr. Lewis indicated Mr. Wesley demonstrates a lack of ongoing psychosis, he is alert, and his memory and thought processes are intact. Thus, Mr. Wesley’s mental illness is not currently interfering significantly with competency issues. The questions the court must determine is whether Mr. Wesley’s chronic cognitive deficits render him incompetent. Dr. Lewis is a forensic examiner for State Operated Forensic Services and was previously the Clinical Director of the Competency Restoration Program. He testified that the Competency Restoration Program focuses on educating patients about the criminal legal process, including the roles of the parties in ===== PAGE 004/007 ===== 27-CR-17-8342 Filed in District Court State of Minnesota 5/8/2020 3:54 PM the legal system, the trial process and possible sentences. They also discuss the evidence and facts in each patient’s case. The goal is for the patients to understand the legal process sufficiently to be able to rationally consult with counsel and to be able to participate in their defense. The program consists of group class sessions and uses an assessment tool, consisting of one-hundred questions about the criminal process, to assist with a competency determination. At the evidentiary hearing Dr. Lewis testified that the main factor he considered in his opinion that Mr. Wesley has been restored to competency was that Mr. Wesley had recently demonstrated an increased knowledge of legal concepts and facts related to his charges. Dr. Lewis testified the hospital had recently increased the frequency of Mr. Wesley’s competency restoration sessions as compared to the prior evaluation review period. Dr. Lewis testified that Mr. Wesley is now able to discuss the evidence, facts and possible sentences of each of his cases individually. This is consistent with the restoration program’s records which show substantial progress being made in the restoration groups he has been participating in. Dr. Lewis testified regarding Mr. Wesley’s recent performance on the assessment tool. Below are examples of questions and responses given by Mr. Wesley noted during the hearing. 1. When asked whether he is obligated to accept a plea bargain Mr. Wesley responded, “Defendants have to take a plea bargain”. Dr. Lewis testified he did consider this significant as it relates to competency. 2. Mr. Wesley was unable to understand the difference between a sentence to jail and a prison sentence. Dr. Lewis testified he did not consider this significant. 3. When asked to explain what not guilty by reason of mental illness means Mr. Wesley responded, “Maybe I did it but they are going to drop the charges”. Dr. Wesley testified this response is inadequate but not significant. 4. Mr. Wesley was able to identify six basis rights rudimentarily. 5. Mr. Wesley answered one question, “If I plead not guilty the charge will be dropped”. 6. Mr. Wesley was not able to answer some questions without being given clues and took a significant amount of time to answer many questions. ===== PAGE 005/007 ===== 27-CR-17-8342 Filed in District Court State of Minnesota 5/8/2020 3:54 PM Dr. Lewis agreed that Mr. Wesley still demonstrates some deficits as it relates to competency, but that based on the totality of the data he is now able to communicate rationally with counsel and participate in his defense, with the caveat that defense counsel is encouraged to use simple language to explain the legal concepts and to identify multiple ways to describe complicated legal concepts. Dr. Lewis wrote, “Put another way, the ‘legalese’ that a layman with no mental illness or intellectual deficits would find confusing will be particularly challenging for Mr. Wesley, but he has demonstrated the ability to participate meaningfully in his defense when the discourse is simplified.” Dr. Lewis also made an additional recommendation that the sign language interpreter have a CDI certification, which means that the interpreter is also deaf and familiar with deaf culture. This type of interpreter is considered more able to accurately interpret and communicate. Dr. Lewis testified that the last time he met with Mr. Wesley was in September but that the notes he reviewed regarding progress between October and February indicated he has not decompensated. He also testified that if Mr. Wesley were to stop taking the competency restoration classes he would likely regress to incompetency. At the evidentiary hearing attorney Susan Herlofsky testified that she is not the attorney of record for Mr. Wesley, but works at the public defender office with assigned counsel, Julius Nolen. She met with Mr. Wesley and assigned counsel prior to the hearing and sat at counsel table during the hearing. She testified in their conversation prior to the hearing Mr. Wesley did not understand what a trial was and was unable to understand the difference between a trial by jury and a court trial. He told defense counsel that he was proud that he “passed the test” at St. Peter hospital. Ms. Herlofsky testified at the end of the evidentiary hearing and stated that during the evidentiary hearing Mr. Wesley did not appear to understand the proceedings, had been unable to consult with counsel rationally or answer specific questions that counsel asked of him. Based on the totality of the above noted facts, the court finds that the greater weight of the evidence demonstrates Mr. Wesley is not able to rationally consult with counsel or participate in his defense. While Mr. Wesley has demonstrated a basic understanding of the facts of his case and the legal process during his competency classes, this understanding appears to be rudimentary and fleeting. The court does not find ===== PAGE 006/007 ===== 27-CR-17-8342 Filed in District Court State of Minnesota 5/8/2020 3:54 PM that this evidence demonstrates a cognitive ability to understand the legal concepts. Rather, it appears Mr. Wesley has been able to memorize definitions and terms due to repetition as a result of the high frequency of the competency classes he attends. This finding is further supported by Dr. Lewis’s testimony that if Mr. Wesley were to discontinue competency restoration classes, he would likely soon regress to incompetency. In order to rationally consult with counsel and participate in his defense, a defendant must have the cognitive ability, after consulting with counsel, to make important decisions about whether to accept a plea bargain, whether to have a jury or court trial and whether or not to testify. These decisions regarding the waiver of constitutional rights must be made by a defendant himself, after consulting with counsel. The defendant’s attorney may not make these decisions for a defendant. While it appears Mr. Wesley now understands that he must behave properly in a courtroom setting and that he should follow the advice of counsel, simply indicating that he will “behave” in the courtroom and do what his lawyers tell him to do not establish that he is competent. His lack of understanding about whether he must accept a plea bargain and the difference between jail and prison is evidence that he is unable to participate in his defense. As noted by the psychologists, his cognitive impairments significantly interfere with his reasoning and decision making abilities. Most importantly, defense counsel’s testimony that during the evidentiary hearing he demonstrated a lack of understanding about what a trial was and did not have the ability to consult with counsel or participate in his defense solidifies the court’s conclusion that Mr. Wesley is incompetent. Finally, it is important to take into consideration the recommendations of Dr. Lewis regarding suggested accommodations that can be made to assist Mr. Wesley in understanding the proceedings. Dr. Lewis indicates that Mr. Wesley does not have the ability to understand the “legalese” that a typical layman defendant would comprehend. His suggestion that defense counsel allot more time than customary, use simple language and explain legal concepts in multiple ways is prudent and the court does believe that defense counsel can implement these strategies. However, under the facts of Mr. Wesley’s case, the court does not find that these accommodations are sufficient to render an otherwise incompetent defendant competent. Slowing down a legal proceeding by pausing or recessing to allow defense counsel to explain ===== PAGE 007/007 ===== 27-CR-17-8342 Filed in District Court State of Minnesota 5/8/2020 3:54 PM every process, objection, argument or term used in witness testimony will not be sufficient to allow Mr. Wesley to comprehend the process, rationally consult with counsel and participate in his own defense. Dr. Lewis noted in his April 2019 evaluation that “if his competence-related deficits are primarily the result of intellectual deficits, his prognosis is likely to be poor.” The court finds that his competency related deficits are the result of his intellectual deficits. Although his factual understanding of his charges and the legal process has improved due to competency classes, the greater weight of the evidence does not establish that he has the rational ability to consult with counsel regarding trial strategy, make decisions regarding the waiver of constitutional rights and plea negotiations or otherwise participate in his defense. The state has not met its burden of proving, by greater weight of the evidence that Mr. Wesley is competent. Therefore the court finds that the defendant, Mr. Wesley, is INCOMPETENT. LKJ By the Court: Dated: 5/8/2020 ____________________________________ Lisa K. Janzen Judge of District Court ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== DOC: MCRO_27-CR-21-8412_Findings and Order_2021-08-31_20240430081759.pdf ===== --- meta case_number: 27-CR-21-8412 defendant: Stephone Ahmad Gammage filing_type: Findings and Order filing_date: 2021-08-31 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Aug 31, 2021 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CRIMINAL DIVISION State of Minnesota, ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW Plaintiff, ) AND ORDER REGARDING ) COMPETENCY vs. ) ) MNCIS No: 27-CR-21-8412; Stephone Ahmad Gammage, ) ) Defendant. ) This matter came before the undersigned Judge on August 31, 2021. Kevin Lin, Assistant Hennepin County Attorney, represented the plaintiff on the felony. Defendant, who was out of custody, was represented by Xavier Martine, Attorney at Law. Parties agreed to waive their appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant was charged in MNCIS file 27-CR-21-8412 with Second Degree Assault (Felony) and Third Degree Assault (Felony) arising from an incident alleged to have occurred on 4/28/21. On 5/27/21, Judge Hilary Caligiuri found probable cause to believe that the offense was committed and that Defendant committed it. 2. Defendant was born on 7/1/87. 3. On 4/28/21, 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. ===== PAGE 002/004 ===== 4. Dr. John Anderson, Ph.D., and Dr. Kristen Otte, 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. 5. Dr. John Anderson, Ph.D., and Dr. Kristen Otte, 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 days of the date of service. Name, Assistant Hennepin County Attorney – Criminal Division; Name, 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 2 ===== PAGE 003/004 ===== 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; resident 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 3 ===== PAGE 004/004 ===== 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. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is 6 Month Date. 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. Name, Assistant Hennepin County Public Defender; c. Name, 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. 12. 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: Janzen, Lisa DATED: Date ______________________________ 2021.08.31 10:04:24 -05'00' Lisa K. Janzen Judge of District Court Fourth Judicial District 4 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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 ===== 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