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14-189 - USA v. MAJKOWSKI


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14-189 - USA v. MAJKOWSKI
January 17, 2017
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ORDER as to ALBERT P. MAJKOWSKI, JR. Having carefully reviewed the parties' positions regarding the conditions of Defendant's psychological examination, the Court agrees with defense counsel that the current record does not support commitment. However, any failure on the part of Defendant to timely comply with any aspect of the psychological-examination procedures, including the gathering and submission of medical records to the examiner and Defendant's appearance for the examination as scheduled, will result in proceedings to show cause why Defendant's bond should not be revoked, and/or to revisit the commitment-issue under Section 4247(b). Robert Wettstein, M.D., is appointed as the psychological examiner in this case. The examination shall take place at a date, time and location directed by Dr. Wettstein. Detailed instructions regarding the submission of preexisting medical records to Dr. Wettstein are contained in the Order corresponding to this docket entry. Defendant's counsel shall coordinate the accumulation of medical records; the securing of any necessary authorizations and/or release forms; and the delivery of the medical records to Dr. Wettstein. Dr. Wettstein has until 4/17/17 to prepare and transmit the report. Dr. Wettstein shall transmit the report to the Court, whose staff promptly will provide copies to counsel for Defendant and the government. The deadline above provides adequate time to complete the necessary steps, and the Court does not anticipate granting extension(s). It is incumbent upon Defendant and his counsel to make all reasonable, good faith efforts to comply with the Court's directives and to appear for the examination as scheduled by Dr. Wettstein. Once the report has been submitted, the Court will enter an order setting a hearing pursuant to Section 4247(d). Finally, Defendant's request for Order-language protecting his right against self-incrimination has been adopted, with explanation. Signed by Judge Cathy Bissoon on 1/17/17. (dcd)