United States v. Tucker
| Docket Number | 1:17CR221 |
| Decision Date | 31 December 2021 |
| Parties | UNITED STATES OF AMERICA v. CHRISTOPHER LEWIS TUCKER |
| Court | U.S. District Court — Middle District of North Carolina |
This case is before the court on remand from the Fourth Circuit on the court's prior order to authorize involuntary medication of Defendant Christopher Lewis Tucker to restore competency. (Doc. 137.) Defendant Tucker, who is pending superseding indictment for several child pornography offenses, two of which charge enticement of a minor, and one firearm offense for possessing a 7.62x39 caliber assault rifle, a .32 caliber revolver, and 64 rounds of ammunition as an addicted drug user, also moves for dismissal of the indictment and release from custody. (Doc. 143.) The United States has responded in support of the court's order and in opposition to the motion for release. (Doc. 147.) The court held a hearing on both issues on December 3, 2021. For the reasons set forth below, the court finds that the Government has continued to demonstrate by clear and convincing evidence that the involuntary administration of psychotropic medication to restore Tucker's competency is warranted and that Tucker's motion for dismissal of the indictment and release from custody will be denied.
This case has a complicated and protracted history, which is set out in detail in United States v. Tucker, 417 F.Supp.3d 702 (M.D. N.C. 2019). Relevant facts will be discussed as pertinent to each pending motion. In particular the court sets out the history of Tucker's confinements for psychological evaluation given his motion for dismissal and release.
Following the filing of a criminal complaint, Tucker was indicted on May 30, 2017, on five counts of serious criminal activity two counts of enticing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction, in violation of 18 U.S.C. § 2251(a) and (e); one count of knowingly transporting child pornography, in violation of 18 U.S.C. § 2252A(a)(1) and (b)(1); one count of possessing a Smith & Wesson revolver and a 7.62x39 millimeter assault rifle and ammunition, in violation of 18 U.S.C. § 922(g) (3) and 924(a) (2); and one count of knowing receipt of child pornography, in violation of 18 U.S.C. § 2252A(a) (2) (A) and (b)(1). (Doc. 8.) The United States superseded the indictment on August 1, 2017. (Doc. 19.) The new indictment mirrors the original indictment and seeks the forfeiture of Tucker's firearms and ammunition upon conviction of the offense alleged in count four under 18 U.S.C. § 922(g)(3) and 924(a) (2) .
On August 6, 2017, James H. Hilkey, Ph.D., a licensed psychologist, generated a report based on his clinical interviews with Tucker, consultation with his initial attorney, CJA counsel H. Alec Carpenter, IV, and an interview with Tucker's parents. (Doc. 22-1 at 2.) The report was also supported by a consultation with Samuel Gray, Psy.D., a psychologist who evaluated Tucker on May 26, 2017, at the request of his attorney, a review of clinical interview notes and psychological test data from Dr. Gray, and a phone interview with Jerry Sparger, Ph.D., Tucker's godfather and a retired forensic psychologist. (Id.) Based on his findings, Dr. Hilkey opined that Tucker lacked the ability to "assist counsel in a rational manner" and recommended he "undergo an inpatient forensic examination to further assess his competency." (Id. at 5.) He also made note of his provisional diagnostic impressions, listing both "Delusional Disorder, Persecutory type" and "Adjustment Disorder with mixed anxiety and Depressed Mood." (Id.)
On August 9, 2017, Carpenter moved to have Tucker declared mentally incompetent to assist counsel properly in his defense, as set out in 18 U.S.C. § 4241(a). (Doc. 22.) The motion was supported by an affidavit discussing counsel's interactions with Tucker (Doc. 22-2) as well as Dr. Hilkey's report (Doc. 22-1) .
A hearing was conducted on September 6, 2017, before Judge William L. Osteen, Jr. The court entered an order on September 20, 2017, declaring Tucker incompetent with respect to his ability to properly assist counsel in his defense and committing Tucker to a facility for a period not to exceed 45 days for a psychological evaluation to determine his mental competency pursuant to 18 U.S.C. § 4241.[1] (Doc. 27.)
Tucker was designated to the Metropolitan Correctional Center ("MCC") in Chicago, Illinois, and arrived on October 16, 2017. (Doc. 28.) His psychological evaluation began upon his arrival, and the clinical psychologist requested a fifteen-day extension to "complete the testing and examination necessary to develop a history, diagnosis, and opinion" (id.), for which the court found good cause and granted (Doc. 29).
From October 16, 2017, through November 29, 2017, Tucker was observed by staff members at MCC in Chicago, Illinois, and was interviewed several times by Allison Schenk, Ph.D., a licensed clinical psychologist with MCC. (Doc. 30.) On January 5, 2018, Dr. Schenk filed her report, documenting Tucker's experiences and belief systems. Dr. Schenk found that Tucker described his beliefs of being targeted by the government as systemic issues and problematic now that he was the focus of the government. (Id. at 9.) She found that Tucker "consistently denied experiencing hallucinations and there were no behavioral observations to suggest he was attending to internal stimuli throughout [her] interactions with him." (Id.) Based on her interviews with Tucker and review of collateral records, Dr. Schenk considered, but rejected, a diagnosis of "delusional disorder with persecutory themes," finding his irrational beliefs to be a component of narcissistic personality disorder. (Id. at 11.) Ultimately, Dr. Schenk concluded that "Mr. Tucker is competent to proceed with his case." (Id.)
On February 2, 2018, Carpenter subpoenaed Dr. Hilkey to testify as an expert witness at a hearing to determine Tucker's competency (Docs. 34, 35) and thereafter moved to have Tucker declared incompetent (Doc. 36) . On February 7, 2018, Dr. Hilkey met with Tucker at the request of Carpenter to re-evaluate his mental competency. Recounting his interactions in a report filed on February 9, 2018 (Doc. 36-3), Dr. Hilkey noted that (Id. at 3.) Based on his interview, affidavits from Ms. Mosley (Tucker's mother) and Bradley Tucker (Tucker's brother) which detailed Tucker's unusual behavior, Dr. Schenk's report, review of the motions and letters written by Tucker, and consultation with counsel involved in the matter, Dr. Hilkey reaffirmed his initial findings that Tucker suffered from "Delusional Disorder, Persecutory Type." (Id.)
The court held a hearing on February 14, 2018, before the undersigned[2] to determine Tucker's competency to stand trial. Defense counsel presented testimony from Dr. Hilkey, as well as from Bradley Tucker and Ms. Mosley. The Government presented the testimony of Dr. Schenk who, in consideration of new evidence of Tucker's mental state, testified that he should undergo further evaluation before his competency could be determined. (Doc. 39 at 71.) Before issuing its ruling, the court noted Tucker was "in custody a year and we're still trying to determine whether he's competent to stand trial," and that the length of custody was "a legitimate concern because these kind[s] of determinations ought to be made as reasonably swiftly as possible." (Id. at 116.) In making its decision, the court considered the testimony offered at the hearing, all doctors' reports, the requests of the parties, and all other matters of record. (Doc. 38 at 1.)
On February 16, 2018, the court ordered that Tucker be committed to the custody of the Attorney General for placement in a suitable facility for a second period of evaluation to determine his competency to stand trial not to exceed 30 days. (Doc. 38.) Tucker was evaluated at the Metropolitan Correctional Center in San Diego, California ("MCC San Diego").[3] That evaluation led to a report by Alicia Gilbert, Ph.D., a forensic psychologist at MCC San Diego, filed on April 16, 2018.[4] (Doc. 40.) Based on her evaluation of Tucker, and in consideration of other records, Dr. Gilbert diagnosed Tucker with "Schizophrenia, Multiple Episodes." (Id. at 14.)
The court held a hearing on May 9, 2018, and the Government and Tucker's counsel agreed with Dr. Gilbert's report and with the court's intention to commit Tucker to the custody of the Attorney General for restoration of competency. (Doc. 42 at 1.) The court found that the preponderance of the evidence demonstrated that Tucker (Id. at 2.) Tucker was thus remanded to the custody of the Attorney General for placement at a facility to restore his competency. (Id.)
Beginning on June 12, 2018, Tucker was admitted at the Federal Medical Center in Butner, North Carolina ("FMC Butner") where he was evaluated, and efforts were undertaken to restore his competency. (Doc. 48.) During this time, Tucker regularly refused to take his prescribed medication. (Doc. 145 at 3.) He reported experiencing bad dreams, paranoia, and occasional auditory hallucinations. (Id.) Tucker's four-month evaluation period at FMC Butner ended on ...
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