Government’s Motion to Continue Due Date for Expert 

Report 

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BILLY J. WILLIAMS, OSB #901366 

United States Attorney 

District of Oregon 

STUART A. WEXLER 

Trial Attorney, Tax Division 

Stuart.A.Wexler@usdoj.gov 

LEE F. LANGSTON 

Trial Attorney, Tax Division 

Lee.F.Langston@usdoj.gov 

1000 SW Third Avenue, Suite 600 

Portland, OR 97204-2902 

Telephone: (503) 727-1000 

Attorneys for United States of America 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

UNITED STATES OF AMERICA 

v. 

WINSTON SHROUT, 

Defendant. 

3:15-cr-00438-JO 

GOVERNMENT’S MOTION TO 

CONTINUE DUE DATE FOR EXPERT 

REPORT 

 The United States of America, by and through Billy J. Williams, United States Attorney 

for the District of Oregon, and Stuart A. Wexler and Lee F. Langston, Trial Attorneys, Tax 

Division, hereby submits this Motion to Continue the Due Date for Expert Report. 

 

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Government’s Motion to Continue Due Date for Expert 

Report 

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On May 7, 2018, the Court had a hearing on the defendant’s motion for a hearing to 

determine mental competency (Doc. 129). As the Court is aware, the defendant filed that motion 

on April 16, 2018, more than 28 months into this litigation. At the hearing, the government 

raised a number of issues with the examination and conclusions of the defendant’s expert Dr. C. 

Chyrelle Martin. At the hearing, the Court ordered that the defendant be examined by another 

expert Dr. Stephanie Lopez of the Oregon Health and Science University. The Court ordered 

that Dr. Lopez file her expert report no later than June 29, 2018. (Doc. 141). 

Dr. Lopez was able to examine the defendant on June 13, 2018. Following that 

interview, she informed counsel for both parties that she would like to conduct a phone interview 

with, among others, Pat Bekken, the defendant’s partner. Ms. Bekken, who has lived with the 

defendant for over a decade had not been questioned by Dr. Martin. Dr. Lopez requested 

permission to speak to Ms. Bekken on June 17, 2018. As of today, that phone interview has not 

been arranged between Dr. Lopez and Ms. Bekken and defense counsel has informed Dr. Lopez 

that Ms. Bekken is on vacation and not available for a phone call until July 5, 2018. Dr. Lopez 

has informed both parties that Ms. Bekken’s interview is an important part of delivering an 

accurate report. 

As the Court will recall, a significant issue in determining the defendant’s competency is 

evaluating whether the defendant is malingering to avoid the substantial jail sentence 

recommended by probation. Giving Dr. Lopez the opportunity to interview the woman living 

with the defendant who has an opportunity to observe him every day is necessary to provide a 

report that is accurate as possible. Dr. Lopez has informed the parties that if she could speak to 

Ms. Bekken on July 6, she could complete her report on July 9. The government has contacted 

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Government’s Motion to Continue Due Date for Expert 

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defense counsel by both phone and email and he has not indicated whether he would consent to 

such an extension. 

Here, Dr. Martin evaluated the defendant on February 12, 2018, and issued her report on 

April 9, 2018. Dr. Lopez was given the chance to evaluate the defendant on June 13, 2018. 

Surely it is not unreasonable to permit her an extension to July 9, 2018 to allow her to submit a 

report that is complete as possible. 

 Accordingly, for the foregoing reasons, the government respectfully requests that the due 

date for Dr. Lopez’s expert report be extended to July 9, 2018. 

Dated: June 29, 2018 Respectfully submitted, 

 BILLY J. WILLIAMS 

 United States Attorney 

 _s/Lee F. Langston_______________ 

 LEE F. LANGSTON 

 STUART A. WEXLER 

 Trial Attorneys, Tax Division 

 202-353-0036 

 

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Government’s Motion to Continue Due Date for Expert 

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CERTIFICATE OF SERVICE 

I hereby certify that on June 29, 2018, I electronically filed the foregoing with the Clerk of the 

Court using the CM/ECF system, which will send notification of such filing to the attorney of 

record for the defendant. 

 _s/Lee F. Langston_______________ 

 LEE F. LANGSTON 

 STUART A. WEXLER 

 Trial Attorneys, Tax Division 

 202-353-0036 

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