Munson cancels hearing to determine defendant’s competency to stand trial

The federal court on Friday canceled the hearing set for today, Monday, which is intended to determine whether one of the persons accused as behind the passing of fake bills to some stores on Saipan is competent or not to stand trial.

U.S. District Court for the NMI Chief Judge Alex R. Munson said the hearing involving Lucas Manglona is taken off calendar until further order of the court.

Munson did not indicate the reason in canceling the hearing in his one-page order.

Munson recently issued an order that set the hearing for today to determine whether Manglona is at that time 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.

Dr. Ron Meister, a psychiatrist, concluded in a written report of his evaluation that Manglona presently lacks the capacity to assist his counsel in the preparation of his defense due to his not having been provided previously prescribed medication during the period immediately preceding his evaluation.

The court, however, determined that it is likely that Manglona’s competency will be restored within the next few days.

The court, therefore, then further ordered that the defendant be re-evaluated by Dr. Meister on May 4, 2009 to determine whether he is competent to stand trial.

Dr. Meister conducted the examination on Manglona pursuant to the proceedings in the federal court where the defendant has a pending case related to fake money.

Manglona is also being charged with one count of counterfeiting in the local court. The case is set for jury trial on June 8, 2009.

Superior Court Associate Judge David A. Wiseman has ordered the prosecution and the defense to be ready to proceed with the evidentiary hearing on May 12 at 9am.

The sole purpose of the hearing is to determine Manglona’s competency to stand trial or to be proceeded against.

Last March, the federal court granted the request of Manglona to retain the services of a psychologist to examine as to his ability to stand trial.

In a motion, attorney Robert Torres, counsel for Manglona in the federal court case, noted that the Office of Probation’s pretrial services report indicates that Manglona has been receiving prescriptions for psychotropic drugs, including Halodol and Halopirodol.

Torres said the substance of the report strongly suggests that his client suffers from paranoid schizophrenia and, at the very least, warrants a competency determination by a forensic psychiatrist.

The Federal Bureau of Investigation and the U.S. Secret Service with the assistance of local police have busted Manglona, his brother Nestor Camacho Taitano, and Kisha Lyn Masga King.

Assistant U.S. Attorney James J. Benedetto stated in the indictment that the three defendants used fake money on Jan. 12, 2009, to defraud at least four establishments—Koblerville Shell gas station, Tapo Fashion in Chalan Piao, Fashion Avenue in Chalan Kanoa, and Nang Ocha Store in San Vicente.

Taitano and King had already entered a guilty plea in federal court.