Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Abdullah

United States District Court, D. New Jersey

April 26, 2017

United States
v.
Ishmael Abdullah

          ORDER

          Hon. Douglas E. Arpert Magistrate Judge

         Dear Magistrate Judge Arpert:

         Please accept this letter-request to have Abdullah examined by a second expert, Gerald Cooke, Ph.D., as a supplement to our December 18, 2016 motion to have "Abdullah undergo a psychological examination pursuant to 18 U.S.C. §4241 (b) and 4247 (b)...". Section 4247 (b) states, "A ... psychological examination ... shall be conducted by a licensed ... psychologist, or, if the Court finds it appropriate, by more than one such examiner" (emphasis added). We believe that the Court should find it appropriate to order a second psychological examination for the following reasons:

         A. THE BOP REPORT IS INSUFFICIENT

         1. Dr. Zamano's Report at page 1, "DATES OF EVALUATION": There was no evaluation done on 1/27.

         2. Report at page 1, 7th line from bottom: Abdullah was not evaluated "throughout the evaluation period." He was evaluated over three days (Friday, Monday and Tuesday) at the end of the evaluation period after a month of being housed at MCC.

         3. Report at pages 1 and 2, "EVALUATION PROCEDURES": There was no reference to the 540 pages of medical records he requested on March 3 and that I e-mailed him the evening of March 5 (Exhibits 4 to 11). Since the three days of evaluations were done by March 3, Dr. Zamano must have considered these records important for the completion of his Report, so the lack of any mention of these pages shows the Report is insufficient.

         4. Report at page 4, Abdullah's arrests of 10/1/13 and 5/1/09: A psychologist may not have the proper training to interpret an FBI rap sheet, but for Dr. Zamano to define these two dismissed cases as part of his "adult record" speak poorly as to his professional neutrality.

         5. Report at page 6, lines 1 to 4: Abdullah's father's vivid recollection of memory lapses after Abdullah's surgery (i.e., after he had a bullet and bullet fragments in his head), lends great credibility to his short-term memory loss, since this was months before his arrest.

         6. Report at page 6, "Monitored Telephone Calls and Emails at MGC-New York": We have not seen a CD of these phone calls and e-mails, which would certainly be helpful to the resolution of this issue. Without a second psychological evaluation, we would have to request that Dr. Zamano supply us with a CD of all of these records before he may have to travel to Trenton for a hearing pursuant to 18 U.S.C. §4247 (d). With a second evaluation of Abdullah by a psychologist of Abdullah's choosing that concurs with Dr. Zamano's findings as to the competency of Abdullah to assist his attorney in his defense, the CD and a lengthy hearing will probably be unnecessary. Any findings in the Report derived from these calls and e-mails may or may not be insufficient, depending upon further evaluation.

         7. Communications between Abdullah and counsel, counsel and MCC, and counsel and Abdullah: It should be noted here that Abdullah and counsel communicated mostly through Abdullah's nephew for reasons outside the issue at hand. Counsel documented what his nephew relayed from Abdullah, which may or may not be dependable but which casts light upon Dr. Zamano's findings on the phone calls and e-mails between Abdullah and his nephew. Counsel also documented communications with MCC that are dependable and with the above shed light on the unprofessional and "last-minute" nature of Dr. Zamano's Report:

a. 1/30/17: Counsel discovers from the U.S. Marshal that Abdullah is at MCC. The next day counsel sends MCC's medical department a one-page letter and thirteen narrative pages of Abdullah's post-gunshot brain injury history from Helene Fuld Hospital and Princeton Brain and Spine (Exhibit 1; the thirteen pages are summarized by Dr. Zamano at pages 4 to 6, "Medical History").
b. 2/1/17: Nephew reports to counsel that Abdullah stated he was bleeding from his head, and counsel referred the matter to the U.S. Marshal, who responded and followed through appropriately.
c. 2/15/17: Nephew reports to counsel that he is vomiting blood. Counsel can find nothing on the BOP website as to how he can contact MCC's legal counsel, so he ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.