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

[Niner]

Still Seeking Sanity in the Matthew Coleman Case

A federal judge has ordered the forced medication of the Santa Barbara father who killed his children in 2021 but remains in legal limbo.

www.independent.com

Nov. 13, 2025
More than four years have passed since Matthew Taylor Coleman committed a crime that stunned and sickened Santa Barbara.
[.....]
This summer, eager to finally move the case forward, federal Judge Cathy Ann Bencivengo made the rare order to forcefully medicate Coleman in the hopes of restoring him to an acceptable level of sanity. “There’s a very serious issue in this case,” Bencivengo said during what’s known as a “Sell” hearing, named after a 2003 U.S. Supreme Court ruling that set the legal standard for the involuntary administration of antipsychotic drugs to a criminal defendant.

“He is just floundering right now in prison, which isn’t helping anybody,” Bencivengo said. “Witnesses are getting cold. The situation is getting cold.” Coleman’s defense team appealed the order, which stayed the judge’s decision, arguing prosecutors have not proven that forced injections will bring their client back to competence.

The appeal will be heard next week by the Ninth Circuit Court. Bencivengo is skeptical that her ruling will be reversed. “What is the alternative?” she asked.
[.....]
Coleman is being held at the United States Medical Center for Federal Prisoners, otherwise known as the “Fed Med,” in Springfield, Missouri. As the nation’s largest and oldest federal prison hospital, it houses more than 1,000 male inmates with acute medical conditions. Case studies put the success rate of forced medication to restore competency at approximately 80 percent.
[.....]
Prosecutors acknowledge that if Coleman is not put on trial in the coming months, he could be civilly committed to a mental institution for an indefinite period of time. “It might keep Coleman off the street (until he recovers) but disserves other interests,” they said. “No special circumstances make Coleman’s prosecution unimportant.”

The appeal hearing will take place November 19 in the Ninth Circuit’s Pasadena courthouse.

 

[Seattle1]

Still Seeking Sanity in the Matthew Coleman Case

A federal judge has ordered the forced medication of the Santa Barbara father who killed his children in 2021 but remains in legal limbo.

www.independent.com

Nov. 13, 2025
More than four years have passed since Matthew Taylor Coleman committed a crime that stunned and sickened Santa Barbara.
[.....]
This summer, eager to finally move the case forward, federal Judge Cathy Ann Bencivengo made the rare order to forcefully medicate Coleman in the hopes of restoring him to an acceptable level of sanity. “There’s a very serious issue in this case,” Bencivengo said during what’s known as a “Sell” hearing, named after a 2003 U.S. Supreme Court ruling that set the legal standard for the involuntary administration of antipsychotic drugs to a criminal defendant.

“He is just floundering right now in prison, which isn’t helping anybody,” Bencivengo said. “Witnesses are getting cold. The situation is getting cold.” Coleman’s defense team appealed the order, which stayed the judge’s decision, arguing prosecutors have not proven that forced injections will bring their client back to competence.

The appeal will be heard next week by the Ninth Circuit Court. Bencivengo is skeptical that her ruling will be reversed. “What is the alternative?” she asked.
[.....]
Coleman is being held at the United States Medical Center for Federal Prisoners, otherwise known as the “Fed Med,” in Springfield, Missouri. As the nation’s largest and oldest federal prison hospital, it houses more than 1,000 male inmates with acute medical conditions. Case studies put the success rate of forced medication to restore competency at approximately 80 percent.
[.....]
Prosecutors acknowledge that if Coleman is not put on trial in the coming months, he could be civilly committed to a mental institution for an indefinite period of time. “It might keep Coleman off the street (until he recovers) but disserves other interests,” they said. “No special circumstances make Coleman’s prosecution unimportant.”

The appeal hearing will take place November 19 in the Ninth Circuit’s Pasadena courthouse.

I'm afraid this is going to be a no-win situation.

MC will be forced to take psychotropic medications to get him to trial where he will appear very much like a zombie, and found guilty of his crimes, but BOP will refuse to house him because of the difficulty with his medication management and supervision, and he'll soon be returned to Fed Med. CM reminds me very much of James Holmes -- the Colorado schizophrenic "Aurora Theater Shooter" who also spent months in the state mental hospital, prior to trial, and post conviction, spent time in DOC solitary confinement, until threats of a civil suit when they had to find a bed for him again at the mental hospital in Pueblo. Last I heard, they wanted maximum security for him after complaints from the families of victims, so they sent him to an undisclosed federal facility-- perhaps Fed Med. Mentally unwell inmates are a danger to others and themselves if they are not housed in the appropriate place for their condition. MC isn't getting away with anything. MOO

 

[Niner]

I finally get to shorten this up a bit!

Wednesday, Nov. 19th:
*Hearing [Appeal re meds] (@ 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 44) 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). Currently (5/30/24) in custody at a federal medical center prison in Springfield, Mo. U.S. District Court-So Dist. of Calif. (Western Div.-L.A.) /San Diego County in Federal custody.
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. Plaintiff Attorney Lead attorney Adam Gordon, Billy Joe McLain & Kevin James Butler. Defense attorneys Elena Sadowsky, FDs. Sean Kennedy, Learned Counsel & Christy O’Connor as CJA co-counsel.
Case info from 8/11/21 thru 4/3/25 reference post #639 here:
https://www.websleuths.com/forums/t...uctor-dad-rosarito-10-aug-2021.581793/page-32
4/9/25 Docket update: Notice of hearing on Motion in case as to Defendant Coleman: The Court having been advised of certain expert(s) unavailability on the current date set, the Motion Hearing set for 4/15/25 is VACATED & reset to 4/24/25 @ 2pm in Courtroom 15A before Judge Cathy Ann Bencivengo. Counsel for the parties must attend the hearing in person. The Court will provide the Zoom meeting information for the Bureau of Prisons experts in this case by email prior to the hearing. 4/24/25 Docket update: Defendant in custody (unavailable)-Appearance waived.
4/24/25 Update: San Diego U.S. District federal Judge Cathy Bencivengo has ordered prison officials to involuntarily medicate Coleman charged with killing his two young children in Mexico in an attempt to restore his competency to stand trial. However, U.S. District Judge Bencivengo issued an immediate stay of her order to allow 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 & 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. Judge 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 & determining whether treatment will be effective, whether there are any alternative 7 less-intrusive treatments available 7 whether the administration of the drug is medically appropriate. Judge Bencivengo ruled the government met all four requirements, but now the 9th Circuit will evaluate the case.
4/24/25 Update: Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Sell Hearing as to Coleman held on 4/24/25. 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 ^ 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. Plaintiff Attorney Peter Ko, Billy Joe McLain, Kevin Butler, AUSAs. Defendant Attorney Christy O'Connor, CJA & Elena Sadowsky, FD. Docket update: Notice of Lodgment by USA (Ko, Peter).
4/25/25 Docket update: Notice of Interlocutory Appeal filed by Coleman, Fee waived (Sadowsky, Elena). USCA Case Number as to Coleman 25-2703 for 103 Notice of Interlocutory Appeal filed by Coleman. (Attachments: #1 Attorney Appeal Case Opening, #2 Pro-Se Appeals Case Opening, #3 Ninth Circuit Lawyer Mentoring Program. USCA Time Schedule Order for 103 Notice of Interlocutory Appeal: Notice to parties of deadlines regarding appellate transcripts: Appellant shall file transcript designation & ordering form with the US District Court, provide a copy of the form to the court reporter & make payment arrangements with the court reporter on or by 5/16/25 (see Ninth Circuit Rule 10-3.2); Due date for filing of transcripts in US District Court is 6/16/25.
5/6/25 Docket update: Notice of filing of official transcript of Telephonic Status Hearing as to Coleman held on 10/10/24, before Judge Cathy Ann Bencivengo. 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 5/27/25. Redacted Transcript Deadline set for 6/6/25. Release of Transcript Restriction set for 8/4/25. Modified to correct docket text on 5/6/25.
5/6/25 Docket update: Notice of filing of official transcript of Telephonic Status Hearing as to Coleman held on 4/8/25, before Judge Cathy Ann Bencivengo. 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 5/27/25. Redacted Transcript Deadline set for 6/6/25. Release of Transcript Restriction set for 8/4/25.
5/6/25 Docket update: Notice of filing of official transcript of Telephonic Status Hearing as to Coleman held on 5/3/24, before Judge Cathy Ann Bencivengo. 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 5/27/25. Redacted Transcript Deadline set for 6/6/25. Release of Transcript Restriction set for 8/4/25.
5/6/25 Docket update: Notice of filing of official transcript of Motion Hearing/Sell Hearing as to Coleman held on 4/24/25, before Judge Cathy Ann Bencivengo. 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 5/27/25. Redacted Transcript Deadline set for 6/6/25. Release of Transcript Restriction set for 8/4/25.
5/16/25 Docket update: Notice of filing of official transcript of Telephonic Status Conference as to Coleman held on 12/2/22, before Judge Cathy Ann Bencivengo. 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 6/6/25. Redacted Transcript Deadline set for 6/16/25. Release of Transcript Restriction set for 8/14/25.
5/16/25 Docket update: Notice of filing of official transcript of Telephonic Status Conference as to Coleman held on 7/28/22, before Judge Cathy Ann Bencivengo. 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 6/6/25. Redacted Transcript Deadline set for 6/16/25. Release of Transcript Restriction set for 8/14/25.
5/24/25 Update: The Government entered the name of a new lead attorney for the case (Adam Gordon) on 5/28/25. Coleman was granted an immediate stay on order re involuntary treatment & an expedited interlocutory appeal was filed on 4/25/25 so the docket is silent at this time. 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). Notice of Appeal documents see post #646, page 33.
5/28/25 Docket update: Notice of Appearance filed by Adam Gordon, U.S. Attorney. Attorney no longer on case Peter G. Ko. Attorneys now on case Billy Joe McLain & Kevin James Butler. See post #649, page 33 for document. 6/13/25 Docket update: [114] record the Govt's NOTICE of Withdrawal of SA USA Billy Joe McLain by USA (McLain, Billy).
10/3/25 Docket update: [#115] USCA ORDER appointing Federal Public Defender Michael Gomez. Federal Case remains stayed pending an appellate decision before: Lisa B. Fitzgerald, Appellate Commissioner.
11/13/25 Update: Coleman’s defense team appealed the order [Judge's forceable medication order], which stayed the judge’s decision, arguing prosecutors have not proven that forced injections will bring their client back to competence. The appeal will be heard next week on 11/19/25 by the Ninth Circuit Court. Bencivengo is skeptical that her ruling will be reversed. “What is the alternative?” she asked. Coleman is being held at the United States Medical Center for Federal Prisoners, otherwise known as the “Fed Med,” in Springfield, Missouri. Prosecutors acknowledge that if Coleman is not put on trial in the coming months, he could be civilly committed to a mental institution for an indefinite period of time. “It might keep Coleman off the street (until he recovers) but deserves other interests,” they said. “No special circumstances make Coleman’s prosecution unimportant.”

 

[Niner]

@Seattle1 - anything happen on Wednesday's hearing? TIA!

 

[Seattle1]

@Seattle1 - anything happen on Wednesday's hearing? TIA!

The only update on the docket was entry # 120 on Nov 12 for the Courts own Order-- extending the Oral Argument to 20 minutes for each side.

The appeal hearing was held November 19 in the Ninth Circuit’s Pasadena courthouse. I'm still searching if the hearing was uploaded to YT. If I can find the Oral Argument, we might learn a hint about how long before the panel makes a decision. I'm still thinking the decision will be next year.

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

​

25-2703

Criminal

S. CA

10 min

USA v. Coleman - Briefs filed under seal. [3:21-cr-02627-CAB-1]

​

 

[Seattle1]

OK, when I saw from the Appellate Calendar that the briefs were filed under seal, I was afraid that the hearing would not be public, but I found the Oral Argument!

​

​

USA v. Coleman

​

​

25-2703

​

​

WARDLAW, BERZON, MILLER
Pasadena, CA
2025-11-19

25-2703 USA v. Coleman​

United States Court of Appeals for the Ninth Circuit

 

[Niner]

@Seattle1 - if you are around - anything going on with this case? TIA!

and a belated Merry Christmas!

 

[Seattle1]

@Seattle1 - if you are around - anything going on with this case? TIA!

and a belated Merry Christmas!

Belated Merry Christmas & Happy New Year @Niner!

We're still at the mercy of the Appellate here, and until the panel of Judges rules on the decision whether or not to involuntarily medicate Coleman, the Southern District of California Court remains on hold.

I've checked both the published and unpublished Opinions for the USCOA - 9th Circuit, and nothing is populating yet for Case 25-2703, USA v Coleman. TBH, the calendar is a mess with all the immigration cases and opinions.

OPINIONS - 9th Circuit

No entries to the Docket since #120, 11/12/25, when the Court granted the increase of time for Oral Argument on 11/19/25 to 20 mins for each.

However, I did notice that Coleman's defender (Michael Gomez), appearing before the Appellate panel, was a former Deputy Federal Public Defender, who was appointed as Coleman's Appellate Attorney effective Oct 1, 2025, but he's not ever represented Coleman in his criminal matter before this date.

IMO, that's not much time for Gomez to act on the interlocutory appeal and be ready for Oral Argument on 11/19/25, pursuant to Sell. Nonetheless, he seemed to have the favor of two of the Justices in comparison to the Government. But I guess we really don't know what happens among the panel behind closed doors. MOO

 

[Niner]

Belated Merry Christmas & Happy New Year @Niner!

We're still at the mercy of the Appellate here, and until the panel of Judges rules on the decision whether or not to involuntarily medicate Coleman, the Southern District of California Court remains on hold.

I've checked both the published and unpublished Opinions for the USCOA - 9th Circuit, and nothing is populating yet for Case 25-2703, USA v Coleman. TBH, the calendar is a mess with all the immigration cases and opinions.

OPINIONS - 9th Circuit

No entries to the Docket since #120, 11/12/25, when the Court granted the increase of time for Oral Argument on 11/19/25 to 20 mins for each.

However, I did notice that Coleman's defender (Michael Gomez), appearing before the Appellate panel, was a former Deputy Federal Public Defender, who was appointed as Coleman's Appellate Attorney effective Oct 1, 2025, but he's not ever represented Coleman in his criminal matter before this date.

IMO, that's not much time for Gomez to act on the interlocutory appeal and be ready for Oral Argument on 11/19/25, pursuant to Sell. Nonetheless, he seemed to have the favor of two of the Justices in comparison to the Government. But I guess we really don't know what happens among the panel behind closed doors. MOO

View attachment 634120

Okay - thanks for checking - be back - oh say - mid January....