Mexico - Kaleo Skye, 3 & Roxy Rain 10 mos, killed by dad, Rosarito, 10 Aug 2021 *arrest in CA*

[Knox]

Did I miss somewhere why they decided to take the DP off the table? This crime was absolutely horrific. I’m surprised they did that. I’m also surprised he plead not guilty after confessing in detail several times and the fact that there’s pretty obvious evidence.

But on January 30, prosecutors filed a motion stating they would not seek the death penalty.

Coleman had been going through a six-month mental evaluation to gauge his competency to understand the charges against him.

Specific reasons as to why prosecutors won’t seek the death penalty against Coleman won’t be released.

In a statement to Border Report, the U.S. Attorney’s Office in San Diego said: “The decision-making process preliminary to the department’s final decision is confidential. Information concerning the deliberative process may only be disclosed within the department and its investigative agencies as necessary to assist the review and decision-making process.”

Feds won’t pursue death penalty against surf instructor accused using speargun to kill his children in Mexico

Prosecutors say Coleman believed in QAnon conspiracy theories and confessed to killing the children because he suspected his wife carried serpent DNA and had passed it on to their kids who would gr…

www.borderreport.com

IMO, his wife/family did not want the death penalty imposed - further his mental health is another big issue.

 

[Niner]

Well - he is not showing up on the Judge's schedule for today - what does Pacer have @Seattle1 ?

But just in case it is for today - I will go ahead & post this.

Friday, March 8th:
*Competency Hearing (@ am PT) – CA/Mexico - Kaleo Skye (3) & Roxy Rain (10 mos.) Coleman (reported missing Aug. 8, 2021, Santa Barbara & found on Aug. 9, 2021 by a farmworker in Rosarito, Mexico) - *Matthew Taylor Coleman (40/now 42) arrested (8/9/21 @ Mexican/US border in San Ysidro Port of Entry checkpoint from Tijuana), charged (8/11/21), indicted (9/8/21) & arraigned (9/29/21) on Federal charges of 2 counts of murder of U.S. nationals on foreign soil. Held without bond. Plead not guilty. DA will not seek the DP (2/1/23).
According to statements outlined in court records, he has admitted to the killings in detailed confessions during several interviews with law enforcement. Found not competent to stand trial on 10/12/23.
Case info from 8/11/21 thru 7/27/23 reference post #555 here:
https://www.websleuths.com/forums/t...uctor-dad-rosarito-10-aug-2021.581793/page-28
8/22/23 Update: Not on Judge’s calendar. Motions hearing vacated. 10/6/23 Update: Next telephonic status hearing on 10/10/23 @ 2pm.
10/12/23 Update: U.S. District Judge Cathy Ann Bencivengo ruled Thursday that Matthew Taylor Coleman, a Santa Barbara surf school owner & conspiracy theorist charged with killing his two young children with a spearfishing gun in Mexico, is not competent to stand trial. The order from Judge Bencivengo is sealed, but a docket entry in the case indicated the judge ordered Coleman to be committed for treatment & set his next competency hearing on 3/8/24 review. Though several documents & motions in the case remain sealed, the docket indicates that Coleman was ordered to undergo a mental competency examination. The judge received that report last month & held a hearing to discuss it Tuesday. Now Coleman will be sent to a secure federal medical facility, where doctors will work to try to restore his competency, according to the statute. The initial commitment is supposed to last no longer than four months, though that can be extended. If doctors decide his competency has been restored, the prosecution against him will move forward.

 

[Seattle1]

I'm not seeing (on the Docket) that the evaluation was extended but much on this case is sealed. We know MC was sent to a federal medical facility for treatment when the Competency Hearing was confirmed for 3/8/24 back on November 29, 2023. However, seems that there's been some changes in the lawyers on this case so either side may have changed the hearing date. I'll wait a few days for more info.

https://www.courtlistener.com/docket/60369851/united-states-v-coleman/

#56
Nov 29, 2023
NOTICE of Vacated Hearing(s): The Court having been advised of the defendant's designation and placement to a Bureau of Prison's medical facility on 11/3/2023, the Court hereby vacates the 12/1/2023 Status Hearing re Designation. The Competency Hearing set for 3/8/2024 is confirmed. (no document attached) (lmh) (Entered: 11/29/2023)
Main Document

Nov 29, 2023
Notice of Vacated Hearing(s)

#57
Jan 22, 2024
NOTICE of Attorney Withdrawal (Joanna M. Curtis) by USA (McLain, Billy) (anh). (Entered: 01/22/2024)
Main Document
Notice (Other)

Feb 28, 2024

Excludable Minute Order AND ~Util - Set/Reset Hearings

 

[Niner]

I'm not seeing (on the Docket) that the evaluation was extended but much on this case is sealed. We know MC was sent to a federal medical facility for treatment when the Competency Hearing was confirmed for 3/8/24 back on November 29, 2023. However, seems that there's been some changes in the lawyers on this case so either side may have changed the hearing date. I'll wait a few days for more info.

https://www.courtlistener.com/docket/60369851/united-states-v-coleman/

#56
Nov 29, 2023
NOTICE of Vacated Hearing(s): The Court having been advised of the defendant's designation and placement to a Bureau of Prison's medical facility on 11/3/2023, the Court hereby vacates the 12/1/2023 Status Hearing re Designation. The Competency Hearing set for 3/8/2024 is confirmed. (no document attached) (lmh) (Entered: 11/29/2023)
Main Document

Nov 29, 2023
Notice of Vacated Hearing(s)

#57
Jan 22, 2024
NOTICE of Attorney Withdrawal (Joanna M. Curtis) by USA (McLain, Billy) (anh). (Entered: 01/22/2024)
Main Document
Notice (Other)

Feb 28, 2024

Excludable Minute Order AND ~Util - Set/Reset Hearings

Thanks for that info. I did not see him on the Judge's scheduled yesterday - but posted it anyway.

 

[Niner]

@Seattle1 - any updates yet since last Friday's? TIA!

 

[Seattle1]

U.S. District Court
Southern District of California (San Diego)
CRIMINAL DOCKET FOR CASE #: 3:21-cr-02627-CAB-1​

Case title: USA v. Coleman

Date Filed: 09/08/2021

---

Assigned to: Judge Cathy Ann Bencivengo

Defendant (1)

Matthew Taylor Coleman

Date Filed	#	Docket Text
11/29/2023	56​	NOTICE of Vacated Hearing(s): The Court having been advised of the defendant's designation and placement to a Bureau of Prison's medical facility on 11/3/2023, the Court hereby vacates the 12/1/2023 Status Hearing re Designation. The Competency Hearing set for 3/8/2024 is confirmed. (no document attached) (lmh) (Entered: 11/29/2023)
01/22/2024	57​	NOTICE of Attorney Withdrawal (Joanna M. Curtis) by USA (McLain, Billy) (anh). (Entered: 01/22/2024)
02/28/2024	58​	Minute Order of Judge Cathy Ann Bencivengo as to Matthew Taylor Coleman: Pursuant to the commitment order filed October 11, 2023, a status report from the treating physician was to be submitted to the court and counsel by February 29, 2024. Due to unforeseen circumstances, the doctor has not been able to complete the report by the current deadline. Based upon a request for extension and with no opposition from counsel, the Court grants the requested extension of time to file the status report regarding restoration. The status report shall now be completed and submitted to the parties by Friday, March 29, 2024. The telephonic status hearing is currently set for Friday, March 8. The court VACATES the hearing and RESETS the telephonic Status Hearing re Competency from 3/8/2024 to 4/8/2024 11:00 AM before Judge Cathy Ann Bencivengo. Excludable(s) started as to Matthew Taylor Coleman: XN - Period of mental or physical incompetence of defendant to stand trial and XM - Unavailability of defendant or essential witness 3/8/2024 to 4/8/2024. (no document attached) (lmh) (Entered: 02/28/2024)

CM/ECF - casd

ecf.casd.uscourts.gov

@Niner - telephonic status hearing of 3/8 was reset to 4/8/24 at 11AM before Judge Bencivengo.

 

[Niner]

Thanks a bunch @Seattle1 - much appreciated!

 

[Niner]

Hon. Cathy Ann Bencivengo Monday, 4/8/2024 11:00AM
17. 3:21-cr-02627-CAB
USA v. Booking # Lang
[1] Matthew Taylor Coleman (C)
MTD:5/16/2024
59551509 ENG [1] Christine Carr O'Connor FD
Cuauhtemoc Ortega FD
Elena Rose Sadowsky FD
Sean Kevin Kennedy

Telephonic Status re Competency (1)
IND 2 CTS Filed: 09/08/2021
18:1119,1111
Billy Joe McLain AUSA
Kevin James Butler AUSA

link: https://www.casd.uscourts.gov/Judges/bencivengo/calendar/bencivengo_040824.pdf

 

[Niner]

Monday, April 8th:
*Status Hearing re Competency (Telephonic) (@ 11am PT) – CA/Mexico - Kaleo Skye (3) & Roxy Rain (10 mos.) Coleman (reported missing Aug. 8, 2021, Santa Barbara & found on Aug. 9, 2021 by a farmworker in Rosarito, Mexico) - *Matthew Taylor Coleman (40/now 42) arrested (8/9/21 @ Mexican/US border in San Ysidro Port of Entry checkpoint from Tijuana), charged (8/11/21), indicted (9/8/21) & arraigned (9/29/21) on Federal charges of 2 counts of murder of U.S. nationals on foreign soil. Held without bond. Plead not guilty. DA will not seek the DP (2/1/23). U.S. District Court-So Dist. of Calif. (Western Div.-L.A.)
According to statements outlined in court records, he has admitted to the killings in detailed confessions during several interviews with law enforcement. Found not competent to stand trial on 10/12/23.
U.S. District Court Judge Cathy Ann Bencivengo presiding.
Case info from 8/11/21 thru 10/6/23 reference post #562 here:
https://www.websleuths.com/forums/t...uctor-dad-rosarito-10-aug-2021.581793/page-29
10/12/23 Update: U.S. District Judge Cathy Ann Bencivengo ruled Thursday that Matthew Taylor Coleman, a Santa Barbara surf school owner & conspiracy theorist charged with killing his two young children with a spearfishing gun in Mexico, is not competent to stand trial. The order from Judge Bencivengo is sealed, but a docket entry in the case indicated the judge ordered Coleman to be committed for treatment & set his next competency hearing on 3/8/24 review. Though several documents & motions in the case remain sealed, the docket indicates that Coleman was ordered to undergo a mental competency examination. The judge received that report last month & held a hearing to discuss it Tuesday. Now Coleman will be sent to a secure federal medical facility, where doctors will work to try to restore his competency, according to the statute. The initial commitment is supposed to last no longer than four months, though that can be extended. If doctors decide his competency has been restored, the prosecution against him will move forward.
11/29/23 Docket update: (56) Notice of Vacated Hearing(s): The Court having been advised of the defendant's designation & placement to a Bureau of Prison's medical facility on 11/3/23, the Court hereby vacates the 12/1/2023 Status Hearing re Designation. The Competency Hearing set for 3/8/2024 is confirmed.
1/22/24 Docket Update: (57) Notice of Attorney Withdrawal (Joanna M. Curtis) by USA (McLain, Billy). 2/28/24 Docket update: Excludable Minute Order & ~Util - Set/Reset Hearings.
2/28/24 Update: (58) Minute Order of Judge Cathy Ann Bencivengo as to Coleman: Pursuant to the commitment order filed 10/11/23, a status report from the treating physician was to be submitted to the court & counsel by 2/29/24. Due to unforeseen circumstances, the doctor has not been able to complete the report by the current deadline. Based upon a request for extension & with no opposition from counsel, the Court grants the requested extension of time to file the status report regarding restoration. The status report shall now be completed & submitted to the parties by Friday, 3/29/24. The telephonic status hearing is currently set for Friday, March 8. The court VACATES the hearing & RESETS the telephonic Status Hearing re Competency from 3/8/2024 to 4/8/2024 11am before Judge Cathy Ann Bencivengo. Excludable(s) started as to Coleman: XN-Period of mental or physical incompetence of defendant to stand trial & XM-Unavailability of defendant or essential witness 3/8/2024 to 4/8/2024.

 

[Niner]

Looks like they "deleted" #58 on the court site and have this:

Doc # Date Filed Description
Apr 8, 2024 Status Hearing AND ~Util - Excludable Start AND ~Util - Set/Reset Hearings


link: https://www.courtlistener.com/docket/60369851/united-states-v-coleman/

 

[Seattle1]

Looks like they "deleted" #58 on the court site and have this:

Doc # Date Filed Description
Apr 8, 2024 Status Hearing AND ~Util - Excludable Start AND ~Util - Set/Reset Hearings


link: https://www.courtlistener.com/docket/60369851/united-states-v-coleman/

We saw similar entries several times last year-- it relates to the Speedy Trial Act and excluding periods of delay pursuant to 18 USC§4241(d) and Excluding Time to 18 USC §3161(h)(l)(A) as to Matthew Taylor Coleman.

18 U.S. Code § 3161 - Time limits and exclusions

www.law.cornell.edu

 

[Niner]

Hon. Cathy Ann Bencivengo Friday, 5/3/2024 11:00AM
19. 3:21-cr-02627-CAB
USA v. Booking # Lang
[1] Matthew Taylor Coleman (C)
MTD:6/10/2024

59551509 ENG [1] Christine Carr O'Connor FD
213-894-2854
Cuauhtemoc Ortega FD
Elena Rose Sadowsky FD
Sean Kevin Kennedy
213-736-8302

Status Hearing (1)
IND 2 CTS Filed: 09/08/2021
18:1119,1111

Billy Joe McLain AUSA
213-894-6702
Kevin James Butler AUSA
213-894-6495

link: https://www.casd.uscourts.gov/Judges/bencivengo/calendar/bencivengo_050324.pdf

 

[Niner]

Friday, May 3rd:
*Status Hearing (@ 11am PT) – CA/Mexico - Kaleo Skye (3) & Roxy Rain (10 mos.) Coleman (reported missing Aug. 8, 2021, Santa Barbara & found on Aug. 9, 2021 by a farmworker in Rosarito, Mexico) - *Matthew Taylor Coleman (40/now 42) arrested (8/9/21 @ Mexican/US border in San Ysidro Port of Entry checkpoint from Tijuana), charged (8/11/21), indicted (9/8/21) & arraigned (9/29/21) on Federal charges of 2 counts of murder of U.S. nationals on foreign soil. Held without bond. Plead not guilty. DA will not seek the DP (2/1/23).
According to statements outlined in court records, he has admitted to the killings in detailed confessions during several interviews with law enforcement. Found not competent to stand trial on 10/12/23.
U.S. District Court Judge Cathy Ann Bencivengo presiding.
Case info from 8/11/21 thru 2/28/24 reference post #569 here:
https://www.websleuths.com/forums/t...uctor-dad-rosarito-10-aug-2021.581793/page-29
2/28/24 Update: (58) Minute Order of Judge Cathy Ann Bencivengo as to Coleman: Pursuant to the commitment order filed 10/11/23, a status report from the treating physician was to be submitted to the court & counsel by 2/29/24. Due to unforeseen circumstances, the doctor has not been able to complete the report by the current deadline. Based upon a request for extension & with no opposition from counsel, the Court grants the requested extension of time to file the status report regarding restoration. The status report shall now be completed & submitted to the parties by Friday, 3/29/24. The telephonic status hearing is currently set for Friday, March 8. The court VACATES the hearing & RESETS the telephonic Status Hearing re Competency from 3/8/2024 to 4/8/24 11am before Judge Cathy Ann Bencivengo. Excludable(s) started as to Coleman: XN-Period of mental or physical incompetence of defendant to stand trial & XM-Unavailability of defendant or essential witness 3/8/2024 to 4/8/2024.
4/8/24 Update: Status hearing re competency was reset. Next status hearing on 5/3/24 @ 11am.

 

[Niner]

@Seattle1 - any updates on the docket? I see the last one ended on 2/28/24. TIA!

Her calendar runs thru 5/8 with no updates.

 

[Seattle1]

U.S. District Court
Southern District of California (San Diego)
CRIMINAL DOCKET FOR CASE #: 3:21-cr-02627-CAB-1​

Case title: USA v. Coleman

Date Filed: 09/08/2021

---

Assigned to: Judge Cathy Ann Bencivengo

Defendant (1)

Matthew Taylor Coleman

Continuation of Docket as at 5/4/24:

Date Filed	#	Docket Text
03/29/2024	59​	MINUTE ORDER of Judge Cathy Ann Bencivengo as to Matthew Taylor Coleman: Based upon further request from the treating physician for a brief continuance to submit the completed report, the status report shall now be completed and submitted to the parties by Friday, April 5, 2024. The telephonic status hearing currently set for April 8, 2024 at 11:00 AM shall remain as scheduled. (no document attached) (lmh) (Entered: 03/29/2024)
04/08/2024	60​	Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Status Hearing re Competency as to Matthew Taylor Coleman held on 4/8/2024. Competency Restoration Report received from BOP and ordered sealed on the docket. The report recommends the defendant is still incompetent to assist counsel. With no opposition from defense, a further Telephonic Status Hearing is set for 5/3/2024 11:00 AM in Courtroom 15A before Judge Cathy Ann Bencivengo, to allow government time to determine next steps in proceeding. Excludable(s) started as to Matthew Taylor Coleman: XN - Period of mental or physical incompetence of defendant to stand trial 4/8/2024 to 5/3/2024. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Peter Ko and Billy Joe McLain, AUSAs). (Defendant Attorney Cuauhtemoc Orteda and Elena Sadowsky, FDs). (Sean Kennedy, Learned Counsel). (no document attached) (lmh) (Entered: 04/08/2024)
05/03/2024	62​	Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Hearing as to Matthew Taylor Coleman held on 5/3/2024. The government advises the Court the desire to proceed with a Sell Hearing. Court sets the deadline of 5/10/2024 for a Joint Statement of Counsel to be filed with a proposed briefing schedule. Court will take it under review and follow up. Excludable(s) started as to Matthew Taylor Coleman: XN - Period of mental or physical incompetence of defendant to stand trial 5/3/2024 to 5/10/2024. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Peter Ko and Kevin Butler, AUSAs). (Defendant Attorney Christine O'Connor, FD). (no document attached) (lmh) (Entered: 05/03/2024)

CM/ECF - casd

ecf.casd.uscourts.gov

@Niner

 

[Seattle1]

The government advises the Court the desire to proceed with a Sell Hearing. Court sets the deadline of 5/10/2024 for a Joint Statement of Counsel to be filed with a proposed briefing schedule.

^^rsbm

What is a 'Sell hearing' in Court?

Issue. Whether a criminal defendant should be involuntary medicated for the purpose of restoring the defendant to competency so that he can stand trial.

Sell v. United States, 539 U.S. 166

APA argued that antipsychotic drugs should not be forced on a criminal defendant to make him competent to stand trial unless the government proves that less intrusive nondrug alternatives would be ineffective.

www.apa.org

 

[Niner]

Thanks for all the info @Seattle1 - much appreciated!

 

[Niner]

Oh-Oh @Seattle1 - I can no longer access the Judge's calendar.... Said - Not found - ??

So I need your help. Last calendar she had was 5/17/24. I really do not expect him to be there - but ya never know! Plus any docket updates if there are any. TIA!

 

[Seattle1]

Oh-Oh @Seattle1 - I can no longer access the Judge's calendar.... Said - Not found - ??

So I need your help. Last calendar she had was 5/17/24. I really do not expect him to be there - but ya never know! Plus any docket updates if there are any. TIA!

Calendar for Cathy Ann Bencivengo is up. No hearings 5/20-24 and five pages for 5/24/24 but does not include Matthew Coleman.

https://www.casd.uscourts.gov/Judges/Judge-Info.aspx

https://www.casd.uscourts.gov/Judges/bencivengo/calendar/bencivengo_052424.pdf

 

[Niner]

Calendar for Cathy Ann Bencivengo is up. No hearings 5/20-24 and five pages for 5/24/24 but does not include Matthew Coleman.

https://www.casd.uscourts.gov/Judges/Judge-Info.aspx

https://www.casd.uscourts.gov/Judges/bencivengo/calendar/bencivengo_052424.pdf

Thanks! Just tried your links - still not working for me.... Wonder what happened.... says Error 404.