Ashton finally gets a recusal. Government moves to have him evaluated by a shrink

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.


5 thoughts on “Ashton finally gets a recusal. Government moves to have him evaluated by a shrink”

  1. Hopefully this action by the Court will lead to proper help for a person who obviously suffers from medical problems which he did not choose to develop. I’d love to see Ashton get quality care like that delivered by Dr. DePaulo of Johns Hopkins in Balitmore, Md. Too many people have taken personal the side effects of what is purely a medical problem caused by genetic factors beyond Ashton’s control. I truely believe if Ashton receives quality manidated care at a facility like the one Dr. DePaulo runs at Johns Hopkins he will get better AND will no longer be a threat to anyone. His problem at the core is a medical problem not a criminal problem. I am refering to the narrow problem which has resulted in his arrest which center around alleged threats against the Court amoung others. I think public policy should lean toward addressing the medical issues which he holds first and then see what is left after he receives proper medical care. I would predict he would have no problems which would warrent the attention of the Court if his medical issues were addressed. I can fully be on the side of Ashton getting better and back to his normal “pre-katrina” self. I hope all who have medical problems get quality care and respect for their medical problems.

    As a faculty member in the Department of Psychiatry for the past 25 years, Dr. DePaulo has been an active clinician, teacher and researcher whose primary area of interest is bipolar depressive disorders.

    Dr. DePaulo is one of the world’s foremost investigators into the genetic bases of affective disorders, such as manic depression, depression and panic disorder. He has been the principal investigator of numerous research grants, including two current projects, funded by the National Institute of Mental Health. His research has contributed to the understanding of depression and bipolar disorder as genetic disorders and has advanced their identification and treatment. …

  2. No problem. I have Brother Lee’s address. He wrote me recently and I can only say his letter was a small miracle for me. A great man.

    Brother Lee Barker, S.C.
    2609 Springhill Ave.
    Mobile, AL 36607

    If anyone needs his phone number if they contact SOP I’ll see about locating it tomorrow. Thanks.

  3. Geez, I miss the site for a few weeks and Ashton is in prison? You’re kidding? What happened?????????????


  4. One nasty email too many Shirley. His last email could have been taken as a threat against the judges. He had a gun on him when he was arrested and his carry permit had been revoked. If you click the USA v O’Dwyer tag at the top of the post you’ll find everything.

    Believe me when I say that he did everything in hs power to piss off the power struture in NOLA and it is all coming back on him in spades.


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