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

[Niner]

@Seattle1 - any updates yet in the Judge's court site? TIA!
Probably still incompetent.....

 

[Niner]

Got this article in my alerts

Judge orders involuntary medication of conspiracy theorist charged with killing kids in Rosarito

Matthew Coleman immediately appealed, and the order has been paused for now

www.sandiegouniontribune.com

April 28, 2025

A San Diego federal judge has ordered prison officials to involuntarily medicate a conspiracy theorist charged with killing his two young children in Mexico in an attempt to restore his competency to stand trial.

However, U.S. District Judge Cathy Bencivengo issued an immediate stay of her order to allow Matthew Taylor Coleman’s defense team to appeal the ruling to the 9th U.S. Circuit Court of Appeals.
[.....]
......Federal prosecutors have sought permission over the past year to medicate Coleman involuntarily in order to restore his mental competency, which the U.S. Supreme Court has ruled is legal under certain conditions, though many of the specific arguments for and against the medication plan have been filed under seal.

Coleman’s defense team filed a notice of appeal on Friday, a day after Bencivengo’s ruling. His attorneys did not respond Monday to messages seeking comment on the ruling or their appeal.
[......]
Bencivengo made her ruling last week during what’s known as a Sell hearing, so-named for the U.S. Supreme Court’s 2003 landmark decision in Sell v. United States that held that the federal government can administer antipsychotic drugs to a defendant under certain limited circumstances.

According to that ruling, judges must find that four requirements are met before involuntarily medicating a defendant. The first has to do with whether important government interests are at stake. The other three requirements deal with the medication itself and determining whether treatment will be effective, whether there are any alternative and less-intrusive treatments available and whether the administration of the drug is medically appropriate.

Bencivengo ruled the government met all four requirements, but now the 9th Circuit will evaluate the case.

 

[Niner]

@Seattle1 - anything happening with this case yet? TIA! or are we waiting for a long, long time?

 

[Seattle1]

UPDATE TO DOCKET AT MAY 24, 2025 -- LAST ENTRY #111

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

#
04/24/2025	Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Sell Hearing as to Matthew Taylor Coleman held on 4/24/2025. Defendant's appearance waived by the court. For reasons stated on the record, the Court orders the defendant to submit to involuntary medication in accordance with the Bureau of Prisons standards and treatment plan to restore competency. A Status Report shall be filed in 60 days, from the date treatment begins, from the treating physician(s). Defense oral motion for immediate stay on order re involuntary treatment for interlocutory appeal is granted by the Court, based on representation of expedited appeal. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Peter Ko, Billy Joe McLain, Kevin Butler, AUSAs). (Defendant Attorney Christy O'Connor, CJA and Elena Sadowsky, FD). (no document attached) (lmh) Modified on 4/24/2025 (lmh). (Entered: 04/24/2025)
04/24/2025	NOTICE of Lodgment by USA (Ko, Peter) (anh). (Entered: 04/24/2025)
04/25/2025	NOTICE OF INTERLOCUTORY APPEAL by Matthew Taylor Coleman, Fee Waived (Sadowsky, Elena) (dim). (Entered: 04/25/2025)
04/25/2025	USCA Case Number as to Matthew Taylor Coleman 25-2703 for 103 Notice of Interlocutory Appeal filed by Matthew Taylor Coleman. (Attachments: # 1 Attorney Appeal Case Opening, # 2 Pro- Se Appeals Case Opening, # 3 Ninth Circuit Lawyer Mentoring Program)(dim) (Entered: 04/28/2025)
04/25/2025	USCA Time Schedule Order for 103 Notice of Interlocutory Appeal : (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 5/16/2025 (see Ninth Circuit Rule 10-3.2); Due date for filing of transcripts in US District Court is 6/16/2025.) (dim) (Entered: 04/28/2025)
05/06/2025	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Hearing as to Matthew Taylor Coleman held on 10/10/2024, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber Chari Bowery. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/27/2025. Redacted Transcript Deadline set for 6/6/2025. Release of Transcript Restriction set for 8/4/2025. (anh) Modified to correct docket text on 5/6/2025 (anh). (Entered: 05/06/2025)
05/06/2025	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Hearing as to Matthew Taylor Coleman held on 4/8/2025, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber Chari Bowery. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/27/2025. Redacted Transcript Deadline set for 6/6/2025. Release of Transcript Restriction set for 8/4/2025. (anh) (Entered: 05/06/2025)
05/06/2025	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Hearing as to Matthew Taylor Coleman held on 5/3/2024, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber Chari Bowery. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/27/2025. Redacted Transcript Deadline set for 6/6/2025. Release of Transcript Restriction set for 8/4/2025. (anh) (Entered: 05/06/2025)
05/06/2025	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing/Sell Hearing as to Matthew Taylor Coleman held on 4/24/2025, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber Chari Bowery. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/27/2025. Redacted Transcript Deadline set for 6/6/2025. Release of Transcript Restriction set for 8/4/2025. (anh) (Entered: 05/06/2025)
05/16/2025	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference as to Matthew Taylor Coleman held on 12/2/2022, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/6/2025. Redacted Transcript Deadline set for 6/16/2025. Release of Transcript Restriction set for 8/14/2025. (dim)(jrd) (Entered: 05/23/2025)
05/16/2025	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference as to Matthew Taylor Coleman held on 7/28/2022, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/6/2025. Redacted Transcript Deadline set for 6/16/2025. Release of Transcript Restriction set for 8/14/2025. (dim)(jrd) (Entered: 05/23/2025)

[td]Date Filed[/td] [td]Docket Text[/td]

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101​

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[td]

102​

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[td]

103​

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110​

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[td]

111​

[/td]​

​

CM/ECF - casd

ecf.casd.uscourts.gov

 

[Niner]

@Seattle1 - any updates yet? TIA!

 

[Seattle1]

@Seattle1 - any updates yet? TIA!

Since last update on 5/24/25 -- the Government entered the name of a new lead attorney for the case (Adam Gordon) on 5/28/25.

MC was granted an immediate stay on order re involuntary treatment, and an expedited interlocutory appeal was filed on 4/25/25 so the docket is silent at this time.
_____________________

Overview:

At the conclusion of the SELL Hearing on 4/24/25, MC was Court ordered to submit to involuntary medication in accordance with the Bureau of Prisons standards and treatment plan to restore competency.

Court also ordered a status report from the treating physician filed with the Court within 60 days of beginning involuntary Rx. However, an Immediate stay was granted the next day (see dkt entry 102/103).

Also, the events will not publicly be available on the docket for the defendant's privacy and/or HIPPA laws. Now we wait on the Appeal:

USCA Case Number as to Matthew Taylor Coleman 25-2703

CM/ECF - casd

ecf.casd.uscourts.gov

 

[Niner]

Since last update on 5/24/25 -- the Government entered the name of a new lead attorney for the case (Adam Gordon) on 5/28/25.

MC was granted an immediate stay on order re involuntary treatment, and an expedited interlocutory appeal was filed on 4/25/25 so the docket is silent at this time.
_____________________

Overview:

At the conclusion of the SELL Hearing on 4/24/25, MC was Court ordered to submit to involuntary medication in accordance with the Bureau of Prisons standards and treatment plan to restore competency.

Court also ordered a status report from the treating physician filed with the Court within 60 days of beginning involuntary Rx. However, an Immediate stay was granted the next day (see dkt entry 102/103).

Also, the events will not publicly be available on the docket for the defendant's privacy and/or HIPPA laws. Now we wait on the Appeal:

USCA Case Number as to Matthew Taylor Coleman 25-2703

CM/ECF - casd

ecf.casd.uscourts.gov

View attachment 597347

Thanks for the update! Guess I will be back in a month or so!

 

[Niner]

@Seattle1 - almost another month has gone by - anything new? any hearing dates? TIA!

 

[Seattle1]

@Seattle1 - almost another month has gone by - anything new? any hearing dates? TIA!

The case is stayed pending the Appeal ( re. Order Granting Government's Sell Motion to Involuntary Medicate Defendant). The Notice was marked for an "expedited appeal," but since MC is housed in a medical unit, I don't know what expedited means here.

The defense has ordered transcripts, and they're still being received. The last entry on the docket was 5/28/25 -- Govt Notice of Attorney Appearance -- two attorneys removed and two added.

All we can do is wait. I've never witnessed an Interlocutory Appeal before. They're not very common.

 

[Niner]

The case is stayed pending the Appeal ( re. Order Granting Government's Sell Motion to Involuntary Medicate Defendant). The Notice was marked for an "expedited appeal," but since MC is housed in a medical unit, I don't know what expedited means here.

The defense has ordered transcripts, and they're still being received. The last entry on the docket was 5/28/25 -- Govt Notice of Attorney Appearance -- two attorneys removed and two added.

All we can do is wait. I've never witnessed an Interlocutory Appeal before. They're not very common.

Thanks - added that to my notes - see in about another month!

 

[Niner]

@Seattle1 - any updates yet? TIA!

 

[Niner]

@Seattle1 - any movement yet? TIA!

 

[Seattle1]

@Seattle1 - any updates yet? TIA!

Nothing of value for your notes.

Last entry to the docket was #114 on June 13, 2025, to record the Govt's NOTICE of Withdrawal of SA USA Billy Joe McLain by USA (McLain, Billy) (anh). (Entered: 06/13/2025).

The case remains stayed awaiting a decision on Appeal.

 

[Niner]

Nothing of value for your notes.

Last entry to the docket was #114 on June 13, 2025, to record the Govt's NOTICE of Withdrawal of SA USA Billy Joe McLain by USA (McLain, Billy) (anh). (Entered: 06/13/2025).

The case remains stayed awaiting a decision on Appeal.

Okay - won't be back until after Sept 20th - when I get back from my Holiday in America!