Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: TUESDAY, November 1, 1994 TAG: 9411010109 SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO SOURCE: Associated Press DATELINE: WASHINGTON LENGTH: Medium
U.S. Magistrate Deborah Robinson refused to release the handwritten letter, which was taken from Francisco Martin Duran's pickup. She ordered him returned to court Wednesday, after the exam, for a competency hearing.
U.S. Attorney Eric H. Holder Jr. said authorities had recovered two letters - the one in the truck and another Duran was carrying when he was seized outside the White House.
Also found in the truck, according to prosecutors, was a shotgun, an arsenal of ammunition, a gun magazine, a machete, sleeping bags and a stuffed animal.
Officials have previously indicated the letter in the truck was an explanation of how Duran's possessions were to be distributed to his wife and son in event of his death.
In his first court appearance, Duran, 26, stood and stated his name, raised his right hand and swore to tell the truth. He wore a dark polo shirt and jeans into the highest security courtroom in the federal courthouse - one with bulletproof plastic separating spectators and reporters from the judge, attorneys and defendant.
Assistant U.S. Attorney John Finnegan told the magistrate that Duran's letter ``brings into question whether the defendant is competent to proceed.''
Holder said later the request for the 24-hour psychiatric evaluation was ``not an indication that we believe he is incompetent.'' Nor was it, he said, an indication that prosecutors thought Duran ``was at the time of the offense insane.''
Competency at this stage means the defendant can understand the charges against him and can assist his attorney, public defender Leigh Kenny.
If Duran is found competent after Wednesday's hearing, there will be a preliminary hearing in which prosecutors would have to present enough evidence to justify continuing the case.
He was charged with possession of a firearm as a convicted felon, destruction of federal property, assault on a federal officer and use of a firearm during the commission of a crime of violence. Prosecutors said he could receive as much as 35 years in prison if convicted of all four counts.
by CNB