But Judge Preska surprised both by proceeding with the hearing on the 15th with Kleinman testifying in open court. Preska must have surprised them even more when, at the end of Kleinman's testimony, she read her already-written decision on Lindauer's competence from a teleprompter-like computer screen at the judge's bench.
The previous judge on the case, former Chief Judge of the District Court and current U.S. Attorney General, Michael B. Mukasey, took four months to review the evidence before ruling on Lindauer's competence and the prosecutor's motion for forced medication. What motivated Judge Preska to write her decision on Lindauer's competence before Preska had even heard Kleinman's testimony and defense counsel Shaughnessy's cross examination of Kleinman? (Mr. Kafka, would you please respond to the question?)
Yet, as though Judge Loretta Preska had "psychic powers" to anticipate the testimony of Dr. Kleinman and defense counsel Shaughnessy's cross examination, Preska delivered a prepared opinion immediately after Kleinman's last words of testimony at the Lindauer's competency hearing.
And then there's this. By declaring Lindauer to be "incompetent to stand trial," Judge Preska may have set up the possibility that Lindauer will be returned to in-patient psychiatric "treatment," as if Susan Lindauer is some sort of government chattel, instead of a free citizen of the United States of America with all the rights guaranteed by the U.S. Constitution. See the language of 18 U.S.C. § 4241 regarding at "Determination of Mental Competency":
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.
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