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If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court shall commit the defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for treatment in a suitable facility.
Could this be the motivation, witting or subconscious, for Judge Preska's decision on Lindauer's competence?
As Franz Kafka said in "The Trial," "[E]verything belongs to the court."
Truly the stuff of Kafka.
END
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Court records on competency hearing:
Decision of Judge Preska, Sept 15, .2008
Motion for Reconsideration by Lindauer attorney Brian Shaughnessy, Oct, 1, 2008
Declaration by Susan Lindauer. Filed with Motion for Reconsideration, Oct 1, 2008
Exhibits - 3 - filed with Motion for Reconsideration, Oct. 1, 2008
Previous "Scoop" coverage on USA v. Susan Lindauer:
American Cassandra: Susan Lindauer's Story by Michael Collins 17 October 2007
Bush Political Prisoner Gets her Day in Court by Michael Collins June 11, 2008
An Exclusive Interview with Bush Political Prisoner Susan Lindauer by Michael Collins June 2008 911 Prediction Revealed at Susan Lindauer Competency Hearing by Michael Collins June 17, 2004
Did Justice Order Forced Psychiatric Medication? by Michael Collins, Sept. 12, 2008.
