U.S. District Court
Eastern District of Kentucky (Covington)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00066-WOB-1
Case title: USA v. Cook
Date Filed: 08/09/2006
--------------------------------------------------------------------------
Assigned to: William O. Bertelsman
Defendant
Michael Cook (1) represented by Kerry L. Neff
526 Greenup Street.
Covington, KY 41011
859-291-6333
Fax: 859-291-6336
Email:
kerryneff@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
18:922(g)(4) POSSESSION OF FIREARMS AFTER HAVING BEEN COMMITTED TO A MENTAL INSTITUTION
(1)
Highest Offense Level (Opening): Felony
Terminated Counts: None
Highest Offense Level (Terminated): None
Complaints: None
--------------------------------------------------------------------------
Plaintiff
USA represented by Laura Klein Voorhees
U.S. Attorney's Office
700 Scott Street
Second Floor
P.O. Box 72
Covington, KY 41012-0072
859-655-3200
Fax: 859-655-3212
Email:
Laura.Voorhees@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
DOCKET ENTRIES:
1. INDICTMENT as to Michael Cook (1) count(s) 1. COUNT 2 IS A FORFEITURE COUNT AND IS NOT COUNTED STATISTICALLY. (Attachments: # 1 Case assignment sheet) (TED) (Entered: 08/09/2006)
2. MOTION for Summons by USA as to Michael Cook. (TED) (Entered: 08/09/2006)
3. ORDER granting 2 Motion for Summons as to Michael Cook (1). Signed by Judge J. Gregory Wehrman. (TED)cc: COR,USM,USP (Entered: 08/09/2006)
4. SEALED Summons Issued in case as to Michael Cook Arraignment set for 8/17/2006 09:30 AM in Covington before J. Gregory Wehrman. (TED) (Entered: 08/09/2006)
5. MINUTE ENTRY FOR ARRAIGNMENT as to Michael Cook (1) Count 1 held on 8/17/06, Plea entered by Michael Cook (1) Count 1. by Michael Cook Not Guilty on counts 1., Bond set as to Michael Cook (1) $10,000 UNSECURED, Kerry L. Neff appointed CJA attorney for Michael Cook before Judge J. Gregory Wehrman : Jury Trial set for 10/16/2006 10:00 AM in Covington before William O. Bertelsman. Pretrial Conference set for 10/6/2006 10:00 AM in Covington before William O. Bertelsman. Dft to remain on bond and conditions of release.(COURT REPORTER: JOAN AVERDICK) (TED)cc: COR, USM, USP, CJA Modified adding CJA on 8/18/2006 (Dallas, Tammy). (Entered: 08/18/2006)
6. ORDER Setting Conditions of Release as to Michael Cook (1) $10,000 UNSECURED . Signed by Judge J. Gregory Wehrman. (TED)cc: COR, USM, USP (Entered: 08/18/2006)
7. UNSECURED APPEARANCE Bond Entered as to Michael Cook in amount of $10,000, (TED) (Entered: 08/18/2006)
08/18/2006
8. CJA 23 Financial Affidavit by Michael Cook (TED) (Entered: 08/18/2006)
9. SCHEDULING ORDER as to Michael Cook Jury Trial set for 10/16/2006 10:00 AM in Covington before William O. Bertelsman. Pretrial Conference set for 10/6/2006 10:00 AM in Covington before William O. Bertelsman. The parties shall comply with paragraphs 1-5 herein. Signed by Judge William O. Bertelsman. (TED)cc: COR, USM, USP (Entered: 08/18/2006)
10. Summons Returned Executed on 8/18/06. as to Michael Cook (TED) (Entered: 08/21/2006)
11. CJA 20 APPOINTMENT OF COUNSEL as to Michael Cook; Kerry Neff appointed as counsel of record . Signed by Judge J. Gregory Wehrman. (KRS)cc: COR, USM, USP (Entered: 08/24/2006)
12. PRETRIAL MEMORANDUM and Jury Instructions by USA (Voorhees, Laura) (Entered: 09/21/2006)
13. PRETRIAL MEMORANDUM Defendant's Pretrial Memorandum (Neff, Kerry) (Entered: 09/29/2006)
14. MOTION for Order of Competency to Stand Trial as to Michael Cook. (Attachments: # 1 Proposed Order Proposed Order Granting Motion)(Neff, Kerry) (Entered: 10/05/2006)
10/06/2006 *** MOTION SUBMITTED TO CHAMBERS JUDGE BERTELSMAN FOR REVIEW as to Michael Cook re 14 MOTION for Order of Competency to Stand Trial (TED) (Entered: 10/06/2006)
15. ORDER FOR PRETRIAL CONFERENCE as to Michael Cook held on 10/6/06 before Judge William O. Bertelsman; 1) Dft's oral motion for continuance of trial is granted; 2) Dft's 14 MOTION for Order of Competency to Stand Trial is GRANTED; 3) U.S. is directed to prepare an Order for the court's signature setting out procedures for dft to be mentally evaluated by the Bureau of Prisons; 4) Said trial date of 10/16/06 is continued pending the receipt of the competency report from BOP. The time period between 10/16/06 and the future trial date is considered excludable pursuant to 18 USC 3161(h)(1)(A)-ends of justice; 5) Dft shall remain on bond on previous conditions of release. (COURT REPORTER: SHANDY EHDE of Draper & Ostreicher) (TED)cc: COR, USM, USP (Entered: 10/06/2006)
16. Proposed Agreed Order/Stipulation by USA (McBride, Robert) (Entered: 10/10/2006)
10/11/2006 *** FILE SUBMITTED TO Judge Bertelsman's CHAMBERS FOR REVIEW as to Michael Cook re 16 Proposed Agreed Order/Stipulation (LSG) (Entered: 10/11/2006)
17. ORDER FOR PSYCHIATRIC AND PSYCHOLOGICAL EXAMINATIONS as to Michael Cook re 14 MOTION for Order of Competency to Stand Trial filed by Michael Cook . Signed by Judge William O. Bertelsman.1) Deft. committed to custody Atty. Gen. for comp study; 2) Deft. to self-surrender either directly to custody of designated institution or to U.S.M.; 3) Deft. shall submit to psychiatric and psychological exams; 4)Upon completion of exams, examiners to file report with the Court with copies to deft's atty and U.S. with items listed in a-d; 5) Deft. is committed to custody of Atty. Gen. for reasonable time not to exceed 30 days, and shall be returned to court, unless otherwise ordered by the Court upon showing that add't time is necessary. (KRS)cc: COR, USM, USP (Entered: 10/11/2006)
18. MOTION for Extension of Time to complete mental health examination of dft as to Michael Cook (letter received from BOP). (Construed as motion per Order of Judge Bertelsman entered this date) (TED) (Entered: 11/22/2006)
19. ORDER granting 18 Motion for Extension of Time to submit report as to Michael Cook (1). Federal Medical Center is hereby given an extension of time up to and including 1/5/07 in which to submit its report to the court. Signed by Judge William O. Bertelsman. (Attachments: # 1 Letter from FMC, Lexington, KY) (TED)cc: COR,USM,USP, copy faxed to FMC Lexington at 859-253-8845 (Entered: 11/22/2006)
20. ORDER as to Michael Cook: It is ordered that U.S. or dft make an appropriate motion based on the recommendations of this evaluation on or before 1/19/2007.. Signed by Judge William O. Bertelsman. (TED)cc: COR, USM, USP (Entered: 01/09/2007)
21. MOTION for Medical Treatment by USA To Recommit the Defendant For Purposes of Restoring him to Competency as to Michael Cook. (Attachments: # 1 Proposed Order To Restore Defendant to Competency)(Voorhees, Laura) (Entered: 01/16/2007)
22. RESPONSE in Opposition by Michael Cook re 21 MOTION for Medical Treatment by USA (Attachments: # 1 Proposed Order)(Neff, Kerry) (Entered: 01/26/2007)
01/26/2007 *** MOTION SUBMITTED TO CHAMBERS JUDGE BERTELSMAN FOR REVIEW as to Michael Cook re 21 MOTION for Medical Treatment by USA (TED) (Entered: 01/26/2007)
23. ORDER: 1) Objections of dft to motion to recommit are OVERRULED; 2) 21 Motion for Medical Treatment as to Michael Cook (1) is GRANTED; 3) Pursuant to 18 USC 4241(d) dft is hereby recommitted to Attorney General, FMC at Lexington for purposes of being treated and restored to competency; 4) Dft shall self-surrender to designated institution or the USM who will then deliver dft to designated institution on or before 2/5/07 no later than 2:00 p.m.; 5) Dft shall submit to psychiatric and psychological treatment; 6) Upon completion of treatment a report of restoration of competency shall be filed with the court with copies to defense counsel and government; 7) Dft is committed to custody of Attorney General for a reasonable period of time until his mental condition is so improved that trial may proceed. Signed by Judge William O. Bertelsman. (TED)cc: COR,USM,USP (Entered: 01/30/2007)