1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

 Plaintiff, 

 vs. 

Robert Francis Krebs, 

 Defendant. 

CR18-00263-TUC-JGZ(JR) 

ORDER FOR COMPETENCY 

EXAMINATION 

(Pursuant to: 18 U.S.C. § 4241(a)) 

(Defendant in Custody) 

 Defendant has been evaluated by local professionals, Marisa Menchola, Ph.D., as 

well as Bradley Johnson, M.D. In her report dated July 12, 2018, Dr. Menchola 

concluded that the Defendant was not competent to stand trial due to a major 

neurocognitive disorder (dementia). She further opined that the Defendant was not 

restorable to competence. In Dr. Johnson’s report dated September 3, 2018, he 

concluded that the Defendant was competent to stand trial and that the Defendant’s 

presentation was more likely consistent with malingering. 

 On September 13, 2018, a hearing was held with the Defendant and counsel for 

both parties present. The Court explained that there were deficiencies in both reports. 

While Dr. Menchola was able to obtain limited cooperation from the Defendant, she did 

not have the benefit of reviewing as many collateral sources as Dr. Johnson did. Dr. 

Johnson on the other hand, was able to review collateral sources but was not able to 

obtain any responses whatsoever from the Defendant. The parties agreed that further 

Case 4:18-cr-00263-JGZ-JR Document 41 Filed 09/14/18 Page 1 of 4
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

evaluation was needed in a medical facility where the Defendant could be evaluated over 

a period of time. 

 Pursuant to 18 U.S.C. §4241 (a), the Court finds 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. 

Accordingly, 

IT IS ORDERED: 

 1. The Defendant be hospitalized in a suitable facility for a reasonable period 

of time, NOT TO EXCEED FOUR (4) MONTHS, and evaluated by a licensed or 

certified psychiatrist or psychologist to determine whether the Defendant is presently 

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. The four months shall commence on the 

date the Defendant arrives at the facility; 

 2. The United States Marshal shall:

 a. Promptly coordinate with the Bureau of Prisons to effectuate this 

Order and arrange transportation of the defendant to the designated facility, and transmit 

within 14 days, the U.S. Marshal’s Medical Study Timeline to U.S. Magistrate Judge 

Jacqueline M. Rateau and counsel for the government and the defendant. 

 b. If the Defendant is determined to be competent, promptly transport 

the Defendant back to the District of Arizona without further Order of this Court, and 

notify the Court and counsel for both parties when the defendant is back in the District. 

 3. The Attorney General or his agent shall: 

 a. Halfway through the evaluation process, or after eight weeks, 

prepare and submit a Status Report to the Court detailing the progress that has been 

made. 

Case 4:18-cr-00263-JGZ-JR Document 41 Filed 09/14/18 Page 2 of 4
- 3 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 b. At the end of the evaluation process, or after 16 weeks, prepare 

and submit a written report pursuant to 18 U.S.C. § 4247(b) and (c). This report shall 

include the name and dosage of all medications the Defendant is currently taking. Such 

medication shall be provided to the U.S. Marshals to assure continuity of medication 

during the transport process. 

 c. Submit the report by both U.S. Mail and email (or fax) to: 

 ORIGINAL Report via U.S. Mail to U.S. District Court 

 Chambers of U.S. Magistrate Judge Rateau 

 405 W. Congress Street, Suite 6650 

 Tucson, Arizona 85701; 

 COPY of Report via email rateau_chambers@usdoj.gov 

 or facsimile 520-205-4649. 

 d. Provide a copy of the written report to the medical staff at the 

originating facility to assure continuity of medication. 

 e. If, at the conclusion of the four month commitment, the 

psychologist’s or psychiatrist’s opinion is that the Defendant remains incompetent, the 

Defendant shall remain at the medical facility pending further order of the Court. 

 f. If, at any time during the commitment, the psychologist’s or 

psychiatrist’s opinion is that the defendant is not restorable, the Defendant shall remain at 

the medical facility pending further order of the Court, and the Attorney General or his 

agent shall promptly determine whether a dangerousness evaluation pursuant to 18 

U.S.C. §§ 4246 and 4248 is needed, and if so, begin the evaluation. 

 4. All proceedings relating to this Defendant will remain stayed pending 

further order of the Court. 

 5. This matter is set for a status conference on January 23, 2019, at 10:00 

a.m. before this Court. 

 6. The parties shall:

 a. Upon notification of the name and contact information for the 

examining psychologist or psychiatrist, promptly provide that person with all relevant 

Case 4:18-cr-00263-JGZ-JR Document 41 Filed 09/14/18 Page 3 of 4
- 4 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

documents, including case reports disclosed to the defense, the Defendant’s criminal 

history, and other known mental health examinations or medical records in their 

possession. The parties are authorized to disclose any federal presentence investigation 

report(s) (PSRs) for the defendant. Any disclosed PSR shall be used solely for the 

purpose of this examination. 

 b. By January 16, 2019, inform U.S. Magistrate Judge Rateau via 

email or telephone, if they have not yet received the doctor’s report. 

 7. The Clerk of the Court is ordered to provide this order to the U.S. Marshal 

Service forthwith. 

 Dated this 13th day of September, 2018. 

Case 4:18-cr-00263-JGZ-JR Document 41 Filed 09/14/18 Page 4 of 4