UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

SOUTH BEND DIVISION 

UNITED STATES OF AMERICA 

 v. 

WILLIAM DANIEL McCLURE 

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Case No. 3:15-CR-014 JD 

OPINION AND ORDER

Now before the Court is the Defendant William Daniel McClure’s motion for a 

competency evaluation and hearing. [DE 16]. Pursuant to 18 U.S.C. § 4241(a), the Court shall 

order a competency hearing “if there is reasonable cause to believe that the defendant may 

presently be 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.” Prior to such a hearing, “the court may order that a 

psychiatric or psychological examination of the defendant be conducted.” 18 U.S.C. § 4241(b); 

see Fed. R. Crim. P. 12.2(c)(1)(A). The inquiry is highly individualized. “There are . . . no fixed 

or immutable signs which invariably indicate the need for further inquiry to determine fitness to 

proceed; the question is often a difficult one in which a wide range of manifestations and subtle 

nuances are implicated.” Drope v. Missouri, 420 U.S. 162, 180 (1975). Relevant factors include 

any evidence of irrational behavior, the defendant’s demeanor in court, and any medical opinions 

on the defendant's competency to stand trial. Id.

In support of his motion, defense counsel has submitted a Forensic Psychological 

Evaluation of Mr. McClure by Dr. Michael Fogel. This report concludes by stating that it is Dr. 

Fogel’s “clinical opinion that Mr. McClure presently suffers from a mental disease 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.” As both counsel agree, the 
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Court finds that this report presents at least reasonable cause to believe that the defendant may 

not presently be competent to proceed with this matter. 

Accordingly, the Court GRANTS the Defendant’s motion and ORDERS that a 

psychiatric or psychological examination be conducted by a licensed or certified psychiatrist or 

psychologist at a Bureau of Prisons facility. The report filed with the Court, with copies provided 

to counsel, should comply with the provisions of 18 U.S.C. § 4247(b) and (c). Specifically, the 

report shall include: (1) Mr. McClure’s history and present symptoms; (2) a description of the 

psychiatric, psychological, and medical tests that were employed and their results; (3) the 

examiner’s findings; and (4) the examiner’s opinions as to diagnosis, prognosis, and whether Mr. 

McClure is 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. § 4247(c)(1)–(4)(A). The report must be concluded 

within thirty days of Mr. McClure’s arrival at the facility where he is to be evaluated, which, 

unless impracticable, should be the suitable facility closest to the court, consistent with 

§ 4247(b). 

Upon receipt of this report, the Court will contact the parties to set a competency hearing, 

if appropriate. In addition, based on the government’s request, and with the agreement of the 

Defendant, the Court VACATES the current trial date of August 24, 2015, in addition to the final 

pretrial conference and other pretrial deadlines. The Court further notes that based on the 

proceedings ordered herein, time will be excluded from the speedy trial clock pursuant to 18 

U.S.C. § 3161(h)(1)(A) (excluding any period of “delay resulting from any proceeding, including 

any examinations, to determine the mental competency or physical capacity of the defendant”) 
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and § 3161(h)(1)(F) (excluding any period of “delay resulting from transportation of any 

defendant . . . to and from places of examination or hospitalization,” up to 10 days). 

 SO ORDERED. 

 ENTERED: May 13, 2015 

 

 /s/ JON E. DEGUILIO 

 Judge 

 United States District Court