There are two bits of news related to AROD both coming courtesy of PACER.. First up is Judge Vance bringing in Judge Donald Walker to hear his criminal case. The second motion is obvious and will hopefully set Ashton on the road to recovery as the US Attorney has moved to have Ashton undergo a mental evaluation. Here is a snippet:
On February 1, 2010, a detention hearing was held before United States Magistrate Judge Louis Moore, Jr. At that hearing, O’Dwyer executed a waiver of assistance of counsel and repeatedly expressed a desire to represent himself in the above-captioned matter.
In light of defendant’s behavior to date, the government believes that there is a need to evaluate defendant’s psychiatric condition to determine his competency and also his ability to represent himself and/or make a knowing and voluntary election of self representation. At the time of his arrest for the instant offense, O’Dwyer indicated that he has been prescribed several different medications for depression. O’Dwyer further indicated that he has been under the care of a psychiatrist. O’Dwyer’s behavior at his detention hearing indicated that O’Dwyer may have mental health issues that would warrant a competency evaluation. Magistrate Judge Moore had the opportunity to interact with O’Dwyer during his detention hearing, which lasted approximately three (3) hours. In fact, Judge Moore raised the issue of competency after observing O’Dwyer’s actions during the hearing. Judge Moore asked the government to file a motion to determine O’Dwyer’s competency. Judge Moore stated “I believe a that a competency examination is necessary.”
I don’t know what kind of read that transcript of the 2/1/10 hearing is but it may be a doozie knowing Ashton. I think it is also pretty clear the judges in the La Eastern District are very pissed. Stay tuned.