Page 1- DEFENDANT’S REPLY TO GOVERNMENT’S MOTION TO CONTINUE DEADLINE FOR 

EXPERT REPORT

Ruben L. Iñiguez

Assistant Federal Defender

101 SW Main Street, Suite 1700

Portland, OR 97204

Tel: (503) 326-2123

Fax: (503) 326-5524

Email: ruben_iniguez@fd.org

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA,

Plaintiff,

v.

WINSTON SHROUT,

Defendant.

Case No. 3:15-cr-00438-JO

RESPONSE TO GOVERNMENT’S 

MOTION TO CONTINUE DEADLINE 

FOR EXPERT REPORT

The defendant, Winston Shrout, through his attorney, Ruben L. Iñiguez, submits 

this response to the government’s motion to continue the Court’s June 29th deadline for 

the court-appointed expert to submit a psychological report. See CR 141.

BACKGROUND

On May 7, 2018, the Court held a hearing on Mr. Shrout’s motion to determine 

mental competency. CR 141. Among other things, the Court entered a minute order 

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EXPERT REPORT

“ordering a competency evaluation by Dr. [Stephanie Maya] Lopez at OHSU with a report 

due no later than 6/29/2018.” Id. (Emphasis added).

On June 16, Mr. Shrout met with Dr. Lopez for more than five hours for the

purpose of the evaluation. Since then, Mr. Shrout has continued to cooperate in the 

evaluation process by executing and submitting release of information forms to Dr. 

Lopez, providing her names of medical providers at the VA, providing relevant pages 

from his passport, and coordinating a collateral interview with Patricia Bekken.

On June 19, three days after the evaluation, defense counsel emailed Dr. Lopez 

and informed her that "Pat Bekken is willing to speak with you." Two days later, on June 

21, defense counsel reiterated that "Ms. Bekken ... is willing to speak with you." Counsel 

asked Dr. Lopez to "[p]lease let me know if you would like me to make the arrangements 

necessary to facilitate a conversation with her."

Counsel did not receive a response from Dr. Lopez until Saturday, June 23. 

Counsel was not at work over the weekend to receive the email. As soon as counsel 

received the message on Monday, June 25, he contacted Ms. Bekken to inquire whether 

she was available on Friday, June 29, at 10:00 a.m.—the date and time that Dr. Lopez was 

requesting to speak with her.

The next day, Tuesday, June 26, defense counsel emailed Dr. Lopez and conveyed 

Ms. Bekken’s message that she was leaving town on vacation the next day, June 27, and, 

therefore, she was not available on the proposed date: Friday, June 29. Counsel also 

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conveyed Ms. Bekken’s message that she would not be available again until Thursday, 

July 5.

On Friday, June 29, the Court’s deadline for the psychological report to be 

submitted, defense counsel received an email from Dr. Lopez repeating her request to 

speak with Ms. Bekken that same day -- at 2:45 p.m. Counsel immediately responded to 

remind Dr. Lopez that Ms. Bekken was on vacation and not available that day.

RESPONSE

Ms. Bekken is on vacation until Thursday, July 5. Prior to leaving town, she 

confirmed she is available to speak with Dr. Lopez by telephone any time that day, July 

5. The location of Ms. Bekken’s vacation is such that there is no cell phone or Internet 

service. As a result, defense counsel is unable to determine whether Ms. Bekken is 

available on Friday, July 6—the date Dr. Lopez would prefer to speak with her.

Mr. Shrout does not oppose the government’s motion to continue until July 9 the 

Court’s current deadline for Dr. Lopez to submit her report. He stresses, however, that 

Ms. Bekken is only available to speak with Dr. Lopez on Thursday, July 5. If Dr. Lopez 

is unable to speak with Ms. Bekken on July 5, and Ms. Bekken is unable to speak with Dr. 

Lopez on July 6, it is possible that a further continuance of the report deadline may be 

necessary.

RESPECTFULLY submitted this 2nd day of July, 2018.

/s/ Ruben L. Iñiguez

Ruben L. Iñiguez

Attorney for Defendant

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