UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 06-cr-068-JD

Christopher Kafejelis

O R D E R

By orders dated May 16, 2006 (document no. 10), September

13, 2006 (document no. 15), April 26, 2007 (document no. 24), and

October 25, 2007 (document no. 33) the defendant has been

committed to the custody of the Attorney General for evaluation

and treatment in an effort to render him competent to stand

trial.

By letter dated March 14, 2008, A.F. Beeler, Complex Warden

for the Federal Medical Center in Butner, North Carolina,

submitted a forensic report prepared by Jill R. Grant, Psy.D.,

Staff Psychologist, and Bruce R. Berger, M.D., Staff

Psychiatrist, addressing the defendant's treatment and his

competency to stand trial. On April 24, 2008, a hearing was held

on this report. Dr. Grant testified via video conference with

the defendant present via video conference also.

In the report, Dr. Grant and Dr. Berger expressed the

following opinion:

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It is currently our opinion that although he

has made significant treatment gains, Mr.

Kafejelis is not competent to stand trial. 

He still exhibits symptoms of active

psychosis, including intermittent paranoid

ideation, intermittent auditory

hallucinations, and distractibility. He is

now better able to focus but still becomes

distracted at times during conversations with

evaluators, which indicates he would likely

have difficulty assisting his attorney in his

defense and paying adequate attention to

court proceedings. He has a fairly good

basic factual knowledge of the court system;

however, his rational understanding of the

charge against him is unclear. At times, he

talks about his charge in a rational manner

but at other times, he appears to be

confused.

At this time, it appears that Mr. Kafejelis

has reached maximum benefits from

psychotropic medication, and we do not

believe that there is a substantial

probability he will regain competency to

stand trial in the foreseeable future.

At the hearing, Dr. Grant testified that the defendant has

reached the maximum benefit he can achieve from treatment but

cannot be restored to competency, and that any additional period

of treatment would not result in restoring him to competency.

Taking into account all of the reports filed to date in this

matter along with all of the testimony that the court has heard

during several hearings conducted in this matter, the court finds

that the defendant's mental condition has not so improved as to

permit proceedings to go forward. The court further finds that

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there is no substantial probability that with continued treatment

he will attain the capacity to permit the proceedings to go

forward in the foreseeable future. Therefore, the defendant

shall remain in the custody of the Attorney General for

designation to a medical referral center for the purposes of

undergoing a risk assessment pursuant to the provisions of 18

U.S.C. § 4246, and if appropriate, under § 4248.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

May 1, 2008

cc: Terry L. Ollila, Esquire

Patrick J. Richard, Esquire

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