HW 54952 " 0-19 (Rev. 8-20-79) Tentatively Declared Fit for Trial By Joe Pichirallo and Laura A. Kiernan figton Post Staff Writers . John W. Hinckts Wf Jr. the drifter accused of shoating Was tentatively declared mentally fit fd trial in the attempted assassination. But a federal judg¢ ordered him to undergo further mental ex- aminations, primarily to determine if Hinckley was sane at the time of the shooting. Hinckley, wearing a white bulletproof vest under his dark blue suit jacket as he sat passively at the defense table, appeared in US. District Court for a total of 38 minutes. Dozens of police and U.S. marshals stood guard both inside and outside the courthouse, and even reporters and top Justice Department officials attending the hearings were thoroughly searched. The scheduled purpose of Hinckley’s court appearance was for the government to ST pr “outline its evidence that Hinckley allegedly tried assassinate President * Reagan outside the on Monday - and that Hinckley shoul remgin in cus ; while a federal grand jury considers an indictment. But that. business was cast aside quickly when Hinckley's lawyers waived his right to a preliminary hearing and Hinckley, standing and rocking back and forth on his feet, | agreed with them by uttering softly + “Yes, sir” and signing“his name to the . waiver document with his left hand. - Hinckley’s lawyers — faced with evidence said to includewideotapes. of him firing at the pr jdent and a let- ter to actress r saying he. would shoot Ros in an effort to impress her — said in court that they were considering entering a plea of not guilty by reason of insanity. His parents have said he was under psy- ‘chiatric care,for five months before “US. Atiorne y Charles t the spl eam ae ee lawyers immediately ap. pealed the Margolis decision. B up son in rN. could last 90 days or more. He was flown there under heavy guard yester- day afternoon. Docld:32989491 Page 39 me eee U.P udge Orders rher Mental Tests for Hinckley While the debaté over legal techni- calities affecting the 25-year-old al- Jeged presidential assailant unfolded .m court , the search for a motive for the and the na- tionwide FBI hunt to track Hinckley’s activities for the past year continued ; the country: ® Near Evergreen, Colo., AA Dext- door neighbor of Hinckley’s’ parents told reporters that, acco to the Hinckley family, a photo- graphed at a Nazi rall is i AZi8 and repo someone ly judgment, i bore no lencé to dohn,” neigh- bor said of the photo. Hinckley a member of a neo-Nazi ization for a short peri- od during his wandering around the countzy, but was expelled by the ee leaders because they found “too extremist.” e Federal investigators said they believe Hinckley went to Los Angeles ‘before coming to Washington to pick ‘up a .22-caliber andgun similar to the one allegedly” used to shoot Reagan and three others Monday. Hinckley hed purchased two such guns in Dallas late last fall. He had -lived-in-Los~Angeles several ° years earlier, and had apparen’ ne back there sometime even the handgun purchases in October and his March 25 2 ~narture from Denver for Washington, the sources said sources say, Hinckley pursued sith ion for -seven months, received more than a half-dozen letters signed with Hinckley’s name or initials. A ‘source said, however, none of the let- _ters mentioned Reagan. : Hinckley, who investigators believe “acted alone in Monday’s shooting, is - charged with attempted assassination “of a president and assault on a federal \ employe —a Secret Service agent iwounded i in the attack. Conviction on ithe former charge. could result in a “man, has been ordered held without bond since shortly after his arrest im- mediately following the incident. | yers and Magistrate Exec AD Adm. __ Exec AD Inv. — Exec AD LES ___ Asst. Dir.: Adm. Servs. - tT. ined Hinckley fof three hours Wed- nesday at Quantico Marine Base. In a brief, one-paragraph statement read to the court, Evans said that he found Hinckley was able to under- stand the charges against him and was capable of assisting in his own defense — a routine, preliminary find- * ing of mental fitness to stand trial that was accepted by Hinckley’s law- Margolis. However, Judge Bryant ordered ‘that further tests be conducted to help determine Hinckley’s fitness to “stand trial, which is separate from the -gmore complex issue of whether he was yaane at the time of the assassination \ s But Hin Hinckley chief defense coun- fe . an examination would be premature because the defense had not decided whether it would make such a plea . “We are concerned ... that govern- ment [mental experts] not have access to the defendant prior to our having done. 80 -en our own--terms” Fuller said. Ordinarily, it is the defense lawyers who request such hospitalization to detemine mental competency. Ruff's early request to do so appeared to indicate that federal prosecutors are anxious to block an insanity plea. The Washington Post _AL Washington Star-News Daily News (New York) - The New York Times The Wall Street Journal The Atlanta Constitution The Los Angeles Times
that hag him under constant observa- ; tion while he is confined in the federal “facility — granting them what one observer said yesterday would be “the ‘first crack” at evaluating Hinckley’s “mental state. - .Said that prosecutors are probably “ concerned “that if the government’s "mental examination takes place after “the defense conducts its evaluation, the defense might later at trial chal- *lenge the validity of the government’s findings. “It’s the beginning of the battle of the experts. It’s the first. volley,” one Source said. Legal sources said yesterday that ‘pleading not guilty by reason of insan-- ity is a difficult defense in such cases, particularly those involving’ violent .crime. In such cases, it is up to the -.defense to prove that the defendant _was mentally ill at the time the crime was committed. _ Sirhan B. Sirhan, Robert F. Ken- “nedy’s assassin, Jack Ruby, who shot ‘Lee“Harvey Oswald in front of televi- sion cameras and Arthur Bremer, the man who shot former Alabama Gov. George C. Wallace, all pleaded ‘insani- . ty. of one form or another. All- three’ were subsequently--convicted, never-.-- win -crimes. The. jury. is afraid of what. might. happen,” one lawyer familiar with such defenses said yesterday. Federal law governing criminal in- sanity in Washington is similar to that in other jurisdictions in that a person can be declared innocent if it can be Proven that at the time of the crime, the person either lacked the capacity to act in conformity with the law or ‘was unable to understand that certain action was illegal. ‘tion, thé federel. court of [ we has ruled that even if the defendant does not ‘theet either of those two criteria, the defendant can claim that "diminished {mental] al ity” preven e person from carrying out a premeditated or delib- erate act. The letter to actress Foster found in Hinckley’s hotel room indicates an awareness that an attack on the presi- dent could be suicidal “There is a definite possibility that I will be killed in my attempt to get Reagan,” the let- ter said. “It is for this very reason that T am writing you this letter now.” But, the writer concludes, “By sacri- ficing my freedom and possibly my life, I hope to change your mind, about me. This letter is being written an hour before I leave for the Hilton Hotel.” _, . It is signed, “I love you forever, John Hinckley.” ; Foster’s most famous movie role was that of a runaway teen-age hook-. “er in the 1975 film “Taxi Driver,” which some investigators feel has a plot with a bizarre parallel to the Hinckley case. In that film, the hack- . er, a mentally troubled Vietnam veter-" an, stalks a political candidate and is ‘ preparing to: assassinate the politician before he is scared off by a security -agent. It is not known whether Hinckley. . saw the movie.. . “In recent years, Hinckley seemed to have become estranged from his wealthy family,. traveling about the “country-without-their_Iniowledge, and. ms, living in cheap motel ‘ Shortly after Hinékley’s arrest his -father, who’ is of the board © of Van r exploration company, of the well-known Williams & Gonnolly firm to represent his son. Thé firm’s three-man defense team replaced two attorneys who were appointed to represent Hinckley after he told court officials he could not afford to hire a lawyer. Yesterday, Hinckley neighbor Sells said Hinckley’s parents “hope to see their son as soon as possible.”
_ 619 (Rev. 8-20-79) HW 54952 '~ Court Orders Sanity Tests for Hinckley But Delays Them to Allow for an Appeal By a WALLSTREET JOURNAL Btaff Reporter xe WASHINGTON A federal judge ordered * WV. Hin committed to a psychi- atric faci < tests to determine if-he was insane atthe timé: he allegedly shot the * President. ‘ was transferred to Butner , hear Raleigh, N.C. Judge ley’s lawyers to have equal access; to him there. But Judge Bryant delayed all exami- , nations until after 12:30 p.m. today to give | Mr. Hinckley’s lawyers time to appeal. They sought permission to have their medical team examine him before government doc- tors do. The determination of Mr. Hincktey’ S psy- chological state appeared likely tpbe an im- ‘portant part of the case. Vincent Fuller, the lead attorney representing-—jtPe Hinckley, said his experts needed quick’access to their ‘client ‘to consider whether ...a defense of insanity will be raised in this case.” . Earlter yesterday, Mr. Hinckley’s attor- sneys conceded that he was mentally compe- ‘tent to stand trial, and waived his right toa ; preliminary hearing. Mr. Hinckley is charged with attempting to kill President Reagan and with assault with a gun on a Se- cret Service agent. Magistrate Lawrence lis referred the case randsjury. far, charges haven’t been brought in Beat pr with the shootings of Janes - presidential press secretary, an rict of Columbia policeman, both of whom were injured in the assassination at- tempt. Fuller read into the court record a wi po from court psychiatrist James who examined Mr. Hinckley Wednes- ay at the Quantico Marine Base where he is/being held. Mr. Evans determined that Mr. Hinckley is currently “mentally compe- tent to stand trial in that he has a rational and factua) understanding of the charges and is able to participate with counsel in the preparation of his defense.” Evaluations of whether he ble for his actions would take attorneys said. According to Michael Tigar, a criminal attorney, the criteri etermination of legal insanity in District of/Columbia federal courts is whether a person “‘lacks substan- tial capacity either to appreciate the crimi- nality of his conduct or to conform his con- duct to the requirements of the law.” When a defense is based on insanity, fed- eral courts here have preferred a two-stage trial, according to Mr. Tigar. The first phase assesses the guilt or innocence and, if guilty, the second would determine whether the accused was insane at the time. as responsi- uch longer, Docld: 32969491 Page 41 "ordered medical experlS'se= 3 ! The Butner prison, where Mr. Hinckley is ' expected to undergo examinations for as Jong as one month, is a medium-security fa- - cility with some maximum security cells and a psychiatric hospit imme a Justice De- ! partment spokesman br , a psychiatrist who has testifi any trials, said it was unusual for a susp t to be moved so’ far for psychological examinations. He believed the prison was chosen for security reasons. Mr. Hinckley sat silent and impassive through most of his two court hearings yes- terday. He wore a blue blazer, blue trousers and what appeared to be a white, bullet- proof vest. He occasionally whispered to one of his lawyers, but otherwise said nothing but a polite ‘Yes, sir” to magistrate Margo- lis when asked if he waived his right to a preliminary hearing. Separately, Treasury Secretary Donald Regan told a congressional panel he thought information about Mr. Hinckley’s arrest in the Nashville, Tenn., airport last Oct. 9 “should have been passed on” to the Secret Service by the Federal Bureau of Investiga- tion. Mr. Hinckley was arrested carrying } three handguns and ammunition toward a flight. President Carter visited Nashville the same day, and Mr. Reagan, who was a pres- idential candidate at the time, had‘canceled an appearance there two days earlier. ‘ Secretary Regan said he had ordered an -investigation-of -how- -personnel--throughout. the Treasury Department performed Mon- day, the date of the assassination attempt. The department includes the Secret Service and the Bureau of Alcohol, Tobacco and Firearms, which traced the gun believed to have been fired at the President. Plan. & Insp. — Public Affs. Of. _ Director’s Sec’y _ The Washington Post Washington Star-News Daily News (New York) The New York Times The Wall Street Journal — The Atlanta Constitution — The Los Angeles Times
__ To Get More m_ ‘Mental Tests _ ‘ wa ‘? ae By Jane Mayer ~ Washington Star Staff Writer “ri: | % Jobo_W. Hinerley JE, suspected ‘presidential assailant, was flown by government hflicopter to the But, itut ua ff v4 q Gorrectio near Durham, NC, yesterday under “the kind of security ordinarily re- zserved for heads of state. . { On the way to the aircraft he wore <8 bullet-proof vest and rode in a black limousine. He was surrounded - ‘by three police motorcycles and eight cars. With flashing lights and ? wailing sirens, he was whisked from his public hearings jn the U.S. Dis- strict Court to the Fort Leslie J. McNair Army installation in South- ewest Washington. There, under armed guard, he boarded a helicop- ‘ter for Butner. . Hinchey, the 25-year-old son of a wealthy Denver oil executive who jallegedly tried to kill the president Monday in a bid to impress téen-age “movie actress Jodie Foster, was . ,bound for psycholSgical teSts at But- ner. This followed a determination yes- terday, in“two separate hearings, Fthat Hinckley is competent to stand trial — meaning only that he is able ‘to understand the charges against him and participate in his own de- “}fense. No judgment was made concern- ing Hinckley’s sanity Monday tfternoon when he alleged] shot nd wounded Reagan and thfee oth- rs in front of the Hilton 1. Nor oes the ruling bar Hinckley from fpleading not guilty by virtue of in-- ‘sanity to the charges of attempted presidential assassination and as- ‘sault on a federal Secret Service of- tficer. — :? The question of sanity will be assessed during the psychological ‘esting at Butner, which could take ‘from 30 to 90 days. ?Butner is a modern, medium- urity psychiatric prison. Built ffive years ago, it sits on 42 acres, Sur- tgounded only by two tiers of chain- ink fence, with no guard tower or :It offers both group dormitories and private rooms. But one Justice partment source indicated Hinck- ‘ey would continue to be'segregated ifrom the general prison population, he had been in the brig at the Ma- ine Corps Base at Quantico, Va., here he had been detained since is arraignment Monday night. 54952 Docld:32999491 Page There he lived poder 24-hour guard, - . seo eee tae Bor Was Chosen by federal of- artly because of its reputa- _ion for advanced psychological -yesearch in areas invloving crime — especially therapy for suicidal and psychotic inmates. was chosen over Saint Elizabeths ospital, a psychiatric facility run by the District government, because uthorities feared security at Saint izabeths would be a problem. “The rulings yesterday that Hinck- ey was competent to stand trial ere based Jargely on a report by urt-appointed” psychiatrist ‘James LEvaits, who had itn inc. Zz. ree hours Wednes- iday. ~ . Evanis said in his report, released iby the court, that Hinckley had “a ,yational and factual understanding tof the charges and is able to partici- . spate with counsel in the preparation “of his defense.” A Vincen ef, one of Hinck- ye S three attorzfeys, objected vigor- OUsly to allowing government {psychiatrists to examine his client _before defense psychiatrists had fin- kished doing so. Bu istri idudge Willia t ruled that “unless er appeals within 24 ihours, both sidegwill be able to con- _Muct psychological tests simulta- # neously. . . ‘While the tests are conducted, a federal grand jury will begin weigh- ing the evidence against Hinckley, at Bryant’s order. Meanwhile, FBI agents tracked down leads yesterday from the Park CenfeifigeLin the District, Where Hinckley spent the night before the - attefapted assassination, to Los An- : geles, where he caught a Greyhound ; bus for Washington on March 26. : Authorities believe Hinckley may : have gone to California from Den- “ver, where he had been staying in a motel, to pick up a.22-caliber pistol. Shots from a .22-pistol hit Reagan -and three others on Monday. FBI agents in Los Angeles are in- vestigating the possibility that Hinc- kley had pawned'the pistol there earlier, or had stowed it with a ~ friend. FBI agents also continued to trace i Hinckley’s movements in New Ha- ; ven, Conn., yesterday, where he al- » legedly followed actress Foster to * Yale University in September and * again in early March. The FBI con- _ firmed it had received a kidnap ¢ threat against Foster last November, i which is now/iner investigation. t . ® ~ Roger Young, an FBI spokesman, % dismi ar}ier lead connecting « Hinckley anid a woman originally be- - lieved to have telephoned him at his , Washington hotel room, - Also contributing to this story was Washington Star Staff Writer Scot he + wo «(Oo zy ae wae Exec AD Adm. __ Exec AD Inv. Exee AD LES __ Asst. Dir.: Adm. Servs. Crim. Inv. Ident. Intell. Laboratory Legal Coun. —__ Plon. & Insp. —_ Rec. Mgnt. . Tech. Servs. __ Training - Public Affs. Off. Telephone Rm. __. Director's Sec’y — The Washington Post Washington Star-News — ALL ‘ Daily News (New York) The New York Times The Wall Street Journal The Atlanta Constitution —____ The Los Angeles Times _—_______ Date ~ - 8 Fal/oos