United States District Court, D. Nevada
WEKSLER, UNITED STATES MAGISTRATE JUDGE
Marlowe Singleton is alleged to have violated her conditions
of probation. ECF No. 1. She made her initial appearance
before the court on December 9, 2019. ECF No. 2. Robert
O'Brien, from the Office of the Federal Public Defender
Office, appeared with Ms. Singleton, but explained that Ms.
Singleton did not wish to have the assistance of counsel.
court began the process of advising Ms. Singleton of her
rights but quickly realized that it would not be able to do
so. Ms. Singleton's answers to the court's questions
were non-responsive and outlandish. For instance, when asked
if she had certain documents in front of her she, eventually,
answered-although not in English. Instead she used a language
that sounded like it may have been Latin, and as she
explains, is “not particularly English but relevant to
law.” When asked to use the English language Ms.
Singleton felt it was necessary to disclose to the court that
she had been a “judge as of a young age, at an
independent level, internationally.” She also asked the
court to check into her background records as “a
business owner, as a doctor, a corporate person, as a judge,
” noted she owned banks and that “there were
security measures there.” Lastly, she explained that
the court could “disclose special ops records and
military records” if needed.
on the behavior observed in court and the nature of the
answers provided by Ms. Singleton, the court has reasonable
cause to believe that she may presently be suffering from a
mental disease or defect rendering her mentally incompetent
to the extent that she is unable to understand the nature and
consequences of the proceedings against her or to assist
properly in her defense. The court therefore, on its own
motion, orders a mental competency hearing pursuant to 18
U.S.C. § 4241.
while Mr. O'Brien stated that Ms. Singleton did not wish
to be represented by counsel, this court was not able to
properly canvass her to determine whether she could represent
herself. The court will appoint the Office of the Federal
Public Defender to ensure that Ms. Singleton's rights are
protected pending, and including, her competency hearing. The
court will entertain a motion for Ms. Singleton to represent
herself once it is satisfied that the concerns posed by 18
U.S.C. § 4241 are not at play.
Office of the Federal Public Defender is appointed to
represent Ms. Singleton pending and during her competency
accordance with 18 U.S.C. § 4241 the United States
Marshal's Service shall forthwith transport Defendant
Marlowe Singleton to a suitable Bureau of Prisons
(“BOP”) facility that conducts psychological
evaluations closest to the court, for psychiatric or
psychological evaluation to determine whether Defendant is
presently suffering from a mental disease or defect rendering
her mentally incompetent to the extent that she is unable to
understand the nature and consequences of the proceedings
against her or to assist properly in her defense.
Defendant shall be held in a BOP facility for a reasonable
period of time, not to exceed thirty days, unless extended by
further order of the court upon a showing of good cause by
the director of the facility that the additional time is
necessary to observe and evaluate Defendant, or by
appropriate motion, for a period of up to fifteen additional
days. 18 U.S.C. § 4247(b).
examination conducted pursuant to this order shall be
conducted by one or more licensed or certified psychiatrists
or clinical psychologists. 18 U.S.C. § 4247(b).
psychiatric or psychological report shall be prepared by the
examiner designated to conduct the psychiatric or
psychological examination. The person designated to conduct
the psychiatric or psychological examination shall file the
report, under seal, with the court and provide copies to
Jessica Oliva, Assistant United States Attorney, and to
Robert O'Brien, counsel for Defendant.
report shall include:
a. Defendant's history and present symptoms;
b. A description of the psychiatric, psychological or medical
tests that were ...