THE UNITED STATES OF AMERICA’S MOTION FOR AN INSTRUCTION REGARDING THE DEFENDANT’S PRESENTATION OF MENTAL HEALTH TESTIMONY IN MITIGATION NOW COMES the United States of America, by John C. Milhiser, United States Attorney for the Central District of Illinois, Eugene L. Miller and Bryan Freres, Assistant United States Attorneys, and James B. Nelson, Department of Justice Trial Attorney, and respectfully requests that the Court issue the following jury instruction: There is a legal procedure under the Federal Rules of Evidence and Criminal Procedure which allow a defendant to present evidence of his mental health condition as a mitigating factor in a capital case. The Rules require the defendant to give notice of the particular mental health condition that he will raise, as well as any witnesses he will call and what they will testify about regarding the mental health condition. The Rules provide that, once the defendant gives notice, the United States may have its own psychologists examine the defendant to determine whether he does, in fact, suffer from that mental health condition. The United States’ psychologists would then be permitted to testify at trial about their examination. In this case, the defendant has proposed mitigating factors related to various mental health conditions. The defendant did not give notice of his intent to do this as required by the Rules. Because the defendant did not give the required notice, the United States did not have an opportunity to have its psychologists examine the defendant. In fact, the defendant refused to be examined by the United States’ psychologists. You may consider this fact in weighing the credibility of the evidence and testimony presented by the defendant with regard to his mental condition in mitigation
Miscellaneous Relief – #468 in United States v. Christensen (C.D. Ill., 2:17-cr-20037) – CourtListener.com
Bit late for this one, they were always gonna be doing this and they should have been pulled on it at the outset, not now, after the jury has heard everything from schizophrenia to feverishness to running off buildings into cars.
There is something vulgar and extraordinarily ugly about this entire process.