U.S. v. Chairse
| Decision Date | 17 August 1998 |
| Docket Number | Civil No. 98-1342. |
| Citation | 18 F.Supp.2d 1021 |
| Parties | UNITED STATES of America, Petitioner, v. George CHAIRSE, Respondent. |
| Court | U.S. District Court — District of Minnesota |
Joan Humes, Asst. U.S. Atty., U.S. Attorney's Office, Minneapolis, MN, for Petitioner.
Robert Richman, Asst. Federal Public Defender, Federal Public Defender's Office, Minneapolis, MN, for Respondent.
Before the Court are the Objections of the United States to the July 14, 1998 Report and Recommendation (R & R) of Magistrate Judge John M. Mason. In that R & R Judge Mason, after conducting a hearing on June 25, 1998 at FMC-Rochester, concluded that (1) Petitioner has not met its burden of presenting clear and convincing evidence that Respondent is suffering from a mental disease or defect as a result of which his release would create a substantial risk of danger to other persons or property of another, and (2) Petitioner has not substantiated that no suitable state facilities are available. Accordingly, it has been recommended to this Court that the Petition be denied which would have the effect of releasing Petitioner from FMC-Rochester subject to the terms of his supervised release which were imposed in connection with his July 29, 1994 39-month sentence for pleading guilty to being a felon in possession of a firearm. The Objections are supported by a Memorandum and Respondent has also filed a Memorandum in Support of the R & R.
The Court has conducted the required de novo review of the R & R and the Objections thereto, which has included a review of the transcript of the June 25th hearing. Judge Mason's R & R is thorough and well-reasoned and in the view of this Court, fully supported legally and factually. As Judge Mason candidly acknowledges in his R & R, this is a "close case." But a close case does not satisfy the "clear and convincing evidence" standard. Judge Mason did find that Respondent is suffering from a mental disease or defect, but also concluded that Petitioner has failed to meet its burden of demonstrating by clear and convincing evidence that Respondent, if released, would pose a substantial danger. For the reasons articulated by Judge Mason, this Court reaches the same result. In addition, the Court adopts Judge Mason's determination that Petitioner failed to establish the absence of a suitable state facility
Accordingly, upon all the files, records, and proceedings herein, IT IS ORDERED:
1. The Objections (Doc. No. 7) are OVERRULED;
2. The R & R is ADOPTED; and
3. The Petition to Determine Present Mental Condition (Doc. No. 1) is DENIED and said Petition is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
REPORT AND RECOMMENDATION
Respondent is serving a 39-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He is presently under in-patient care, and housed in seclusion at the Federal Medical Center in Rochester ("FMC-Rochester"). The Respondent's date of release was to have been May 19, 1998. However, on May 15, 1998, the Government filed a certificate pursuant to 18 U.S.C. § 4246(a), stating that his release would create a risk of danger [Docket No. 1]. The filing of such a certificate has the effect of keeping the Respondent in custody until resolution of the Petition, pursuant to the provisions of 18 U.S.C. § 4246(d). See 18 U.S.C. § 4246(a).
The Petition alleges that because Respondent suffers from a mental disease or defect that would create a substantial risk of bodily harm to others or serious damage to the property of another, the Respondent should not be released. The Petitioner requests an Order pursuant to 18 U.S.C. § 4246 committing the Respondent to the custody of the U.S. Attorney General for continued hospitalization and treatment until suitable state placement is found or until the release of the Respondent would no longer constitute a substantial risk of bodily harm to others or serious damage to the property of others. The matter is before the undersigned for a Report and Recommendation to District Judge Richard H. Kyle, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B).
On June 25, 1998, a hearing was held at FMC-Rochester to determine whether the Respondent suffers from a mental disease or defect as a result of which his release would create a substantial risk of bodily harm to others or serious damage to the property of another. See 18 U.S.C. § 4246(d). Joan Humes, Esq., appeared on behalf of the United States of America; Robert Richman, Esq., appeared on behalf of George Chairse, who was personally present. The Court heard testimony from Dr. Christine Scronce, a psychologist, Dr. Arthur Tenenbaum, a psychiatrist, and Pamela Young, a clinical social worker. Ten exhibits were also received into evidence at the hearing.
"Section 4246 provides for the indefinite hospitalization of a person who is due for release but who, as the result of a mental illness, poses a significant danger to the general public." United States v. S.A., 129 F.3d 995, 998 (8th Cir.1997) (citing United States v. Steil, 916 F.2d 485, 487 (8th Cir.1990)). The provisions of 18 U.S.C. 4246 have withstood various constitutional attacks. See United States v. Sahhar, 56 F.3d 1026 (9th Cir.), cert. denied, 516 U.S. 952, 116 S.Ct. 400, 133 L.Ed.2d 320 (1995); United States v. Sahhar, 917 F.2d 1197 (9th Cir.1990).
Proceedings under 18 U.S.C. § 4246 are commenced when the director of a facility in which a person is hospitalized files a certificate with the clerk of court certifying that a person whose sentence is about to expire: (1) is "presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another" and (2) "suitable arrangements for State custody and care of the person are not available." 18 U.S.C. § 4246(a)1; accord S.A., 129 F.3d at 998; Sahhar, 917 F.2d at 1200 (quoting 18 U.S.C. § 4246(a)). After the filing of the certificate, the court holds a hearing guided by the requirements of 18 U.S.C. § 4246(d). S.A., 129 F.3d at 998; accord Sahhar, 917 F.2d at 1200. "[T]he purpose of the certificate is to stay the defendant's release pending completion of the procedures contained in section 4246." United States v. Wheeler, 744 F.Supp. 633, 636 (E.D.Pa.1990).
If the requirements of 18 U.S.C. § 4246(d) are met, the hospitalized person will remain in the custody of the United States even after the expiration of his or her sentence. That section provides in full:
18 U.S.C. § 4246(d).
In sum, the requirements of 18 U.S.C. § 4246 mandate that the Government show the following factors: "(1) mental disease or defect; (2) dangerousness if released; and (3) no suitable state placement." United States v. Ecker, 30 F.3d 966, 970 (8th Cir.), cert. denied, 513 U.S. 1064, 115 S.Ct. 679, 130 L.Ed.2d 611 (1994); S.A., 129 F.3d at 1000.
The Court recognizes that it is entrusted with "`an awesome responsibility to the public to ensure that a clinical patient's release is safe.'" S.A., 129 F.3d at 1000 (quoting United States v. Bilyk, 949 F.2d 259, 261 (8th Cir.1991)). We are also guided by the fact that the statute imposes a high standard of proof on the Government. It must prove that the Respondent will pose a "substantial" risk to society if released, and it must present "clear and convincing evidence" to support that conclusion. The conflicting factors influencing the decision concerning dangerousness in this case make resolution particularly difficult. In addition, there is little legal precedent to guide the Court concerning the question of the availability of a suitable state placement. We conclude that there is not clear and convincing evidence that the release of the Respondent would present a substantial risk to society, when considered in light of the safeguards which will be put in effect during the Respondent's release on probation. We also find that the Government has failed to substantiate that no suitable state placement is available. We therefore recommend that the Petition be denied.
The Respondent's documented history of mental illness began in August of 1992, when he was involuntarily committed in the state of Mississippi. The Respondent was committed after he had been exhibiting bizarre behaviors while serving time at a Mississippi state jail. The Respondent had been seen smearing feces in his hair,...
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