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177 N. Church Ave., Suite 605

Tucson, Arizona 85701

Tel: (520) 222-8270

Fax: (520) 222-8274

Elias Damianakos, Esq.

Email: elias@damianakoslaw.com

State Bar No. 022850

Attorney for Defendant 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Undersigned counsel moves this court pursuant to 18 U.S.C. § 4241(a) for a psychological 

or psychiatric examination of the defendant, and states as follows:

1. This request is based upon observations of undersigned counsel. The Defendant 

appears to have difficulty understanding what is happening in court and discussing 

aspects of the court proceedings.

2. The Defendant has a documented history of mental health issues, and is connected 

with La Frontera. The Defendant takes numerous medications, both for 

psychological concerns and also for a multitude of physical ailments. 

UNITED STATES OF AMERICA,

Plaintiff,

vs.

VERONICA GUADALUPE 

SALDIVAR,

Defendant.

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CR15-2062 TUC JAS (LCK)

DEFENDANT’S SECOND MOTION FOR 

COMPETENCY EXAMINATION

(Pursuant to: 18 U.S.C. § 4241(a))

(No Hearing Required)

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3. On June 20, 2016, a competency evaluation was conducted on the Defendant by Dr. 

B. Robert Crago. The evaluation concluded that Ms. Saldivar was competent at that 

time, but noted her complex history of medical and mental problems.

4. In January, 2017, Ms. Saldivar’s medical conditions worsened to the point that she 

has difficulty communicating and staying awake while communicating. Except for 

going to medical appointments, Ms. Saldivar is essentially immobile. It is 

undersigned counsel’s opinion that Ms. Saldivar is not currently in, nor is she 

expected at any foreseeable time in the future, to be in a physical condition that will 

allow her to assist counsel in her own defense. However, counsel for the Defendant 

is not professionally trained to effectively evaluate the aforementioned factors to 

conclusively determine whether the Defendant is competent to stand trial without the 

specialized assistance of a qualified mental heath expert.

5. Counsel requests that the Court appoint Dr. Marisa Menchola, Ph.D., Clinical 

Neuropsychologist, Neuropsychological Assessment & Consulting, PLC 430 N. 

Tucson Blvd., Tucson, Arizona 85716, to perform the examination in this case. Dr. 

Menchola is a licensed psychologist in the state of Arizona, and specializes in 

neuropsychology which will be particularly useful in this case. It will enable her to 

apprise the Court as to whether the Defendant suffers any mental disease of defect 

that is “organic” in nature. A copy of Dr. Menchola’s curriculum vitae is attached to 

this motion.

6. The Defendant is not in custody.

Wherefore, undersigned counsel requests this Court find reasonable cause to order a 

competency examination of the Defendant, and appoint Dr. Menchola to conduct the examination 

and prepare a report.

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RESPECTFULLY SUBMITTED this 5th day of April, 2017

DAMIANAKOS LAW FIRM, PLLC.

By: /s/ ELIAS DAMIANAKOS 

 

Elias Damianakos

Attorney for Defendant

Copy delivered electronically this date to:

Christina Vejar, Assistant United States Attorney

Case 4:15-cr-02062-JAS-LCK Document 56 Filed 04/05/17 Page 3 of 3