Dogwalker's Competency

[Imalawman]

He's had lots of time to rehearse this little act.

IMHO the real key is he hasn't invented any of this. People with an organic mental defect usually concoct their own unique oddities that make sense only to them. In a room full of them you won't find the same delusion. About the only thing they can agree on is they don't really belong there.

Hmm, that's a good point, but yet several mentally ill people have had very similar delusions. I know one man that was recently diagnosed with a mental illness and he could elaborate on several famous tax protestor theories. He was rather normal except for his propensity towards TP and anti gubmint conspiracies. Certainly there are degrees of diminished mental capacities and I'm sure at some level the ability to understand and repeat a theory would disqualify a person from a certain type of mental illness, but simply because they repeat nonsense, doesn't make them any less mentally ill.

[Demosthenes]

IMHO the real key is he hasn't invented any of this. People with an organic mental defect usually concoct their own unique oddities that make sense only to them.

I'm not sure that's true. People who suffer from paranoid delusions, for example, often latch on to popular - and unoriginal - myths. I had an elderly relative, for example, who suffered from paranoid delusions to the point of hurting herself, but the delusions themselves were not original -- they were simply rehashed cold war myths combined with modern day myths (black helicopters, the governemnt was watching her every move, etc.)

Perhaps Danny's latching on to existing myths is more of an indication of his lack of originality rather than his sanity.

He's taken these myths to such an extreme that he has suffered physical pain as a result at the hands of the prison guards, and yet such extremes haven't phased him one bit. Most tax protesters I know get suddenly wiser and more focused on survival when placed in a hostile prison environment. Not Danny.

[Imalawman]

He's taken these myths to such an extreme that he has suffered physical pain as a result at the hands of the prison guards, and yet such extremes haven't phased him one bit. Most tax protesters I know get suddenly wiser and more focused on survival when placed in a hostile prison environment. Not Danny.

Most wise up with a notice of levy, garnishment and/or lose in court. Its just that the more vociferous and visible ones are the ones that get talked about on here. The people I deal with are generally a bit more savvy and tend realize when they need to "come to Jesus". Some are quite repentant and pay in full what they owe (this is an exception).

[TheSaint]

IMHO the real key is he hasn't invented any of this.

Yup. Remember Danny whining that the jailhouse computer was inadequate for his trial preparation needs?

[ErsatzAnatchist]

Most tax protesters I know get suddenly wiser and more focused on survival when placed in a hostile prison environment. Not Danny.

Ed Brown is a good example of this. Ed may still have some nutty beliefs (Joos and Illuminati for example), he seems to be reacting to the world around him on a 85% sane level. Danny is acting at about a 10% level. Elaine. . . .

[Bud Dickman]

Plainfield

Judge doubts Brown ally's delusions
Lawyer raises issue after Riley's conviction


By Margot Sanger-Katz
Monitor staff
July 18, 2008

A federal judge yesterday seemed skeptical of an argument that a man who was recently convicted of bringing bombs and guns to fugitives Ed and Elaine Brown is too mentally ill to continue participating in his case.

Judge George Singal of Maine, who has presided over the cases of four Brown supporters after local judges recused themselves, said that he believes Daniel Riley of Cohoes, N.Y. was pursuing fruitless legal strategies, but the judge did not believe that Riley was unable to understand the nature of the proceedings or the possible consequences of his actions.

"He's just wrong," Singal told Riley's lawyer, Sven Wiberg, yesterday.

Riley was one of several supporters of the Browns, a Plainfield couple convicted of tax-related crimes and holed up in their self-sufficient home with guns, bombs and provisions for nearly nine months, threatening violence against federal agents. A jury found that Riley brought several assault rifles to the house and helped build explosive devices and booby traps.

Wiberg had asked for an evaluation of Riley to determine his competency. According to Wiberg, Riley suffers from delusions about the legal system that make it impossible for him to aid in his own defense.
"He believes that I work with and for the government," Wiberg said. "That, in and of itself is totally delusional."

Though Riley has already been convicted of five felonies, Wiberg said that he believed Riley should challenge sentencing recommendations brought by probation officers and said that there were several grounds for appeal of Riley's case. Because Riley has become convinced that he will be freed by an alternate legal process, Wiberg said he worries his client will be giving up his rights to bring such challenges.

In recent weeks, Wiberg said, Riley has repeatedly told him to stop taking actions on his behalf. Wiberg said that Riley has also instructed him not to speak to him or write to him. Both Riley and Wiberg asked Singal to sever their attorney-client relationship, but Singal has declined so far, noting that Riley would not agree to discuss the consequences of proceeding without a lawyer.

"Don't call this man my attorney. He is not my attorney," Riley told the judge during yesterday's hearing.

Singal allowed both Wiberg and Riley to speak during the hearing. Riley spoke repeatedly about his views that he was appearing in an "equity" court, where constitutional rules do not apply. He called the judge "a chancellor disguised as a judge" and described him as a "Satanist" and a friend of "international bankers."

Riley, who sat as far as possible from Wiberg at the defense table, also discussed his strategy in the case, which involved the use of bonds and securities. Riley has not been charged with any financial crimes and has not been subject to any fines.

Assistant U.S. Attorney Arnold Huftalen, who represented the government yesterday, argued that while some of Riley's arguments seemed nonsensical and would appear insane "in a vacuum," Riley's behavior throughout the case showed that he understood the legal process. Riley participated in several plea negotiations and helped Wiberg during the trial, Huftalen said.

"Mr. Riley has been cogent," Huftalen said. "He has been belligerent at times, but he has been participating."

Huftalen also read from a letter that Riley wrote to Ed Brown, which was sent through an intermediary. In the letter, Riley said that he'd been convicted, described the performance of his lawyer and encouraged Brown to adopt some of his recent legal strategies, including copywriting his name.

"It's not the rantings of someone who's incompetent," Huftalen said.

Singal seemed inclined to agree, though he said he would take the matter under advisement and issue a written ruling.

"He understands that he was charged, that someone pleaded not guilty for him, that there was a trial and that he is going to be sentenced," Singal said.

[grixit]

copywriting his name.

Bad proofreader. Bad bad proofreader!

[grixit]

BTW: "Alternate Legal Process" would be a great name for a band.

[Dezcad]

I've just returned from vacation and am catching up, but I did notice that the following was entered on the docket today:

07/21/2008 469 ORDER OF FINDINGS FOR COMPETENCY EXAMINATION as to Daniel Riley. So Ordered by Chief Judge George Z. Singal. (jar) (Entered: 07/21/2008)

07/21/2008 470 ORDER FOR COMPETENCY EVALUATION as to Daniel Riley. So Ordered by Chief Judge George Z. Singal. (jar) (Entered: 07/21/2008)

[Demosthenes]

Evaluation ordered for Brown aider
He will spend 30 days at psychiatric facility

By Margot Sanger-Katz

July 22, 2008 - 12:00 am

A federal judge has ordered the psychiatric evaluation of a man recently convicted of bringing guns and bombs to tax evaders Ed and Elaine Brown. The judge said that while he's skeptical the man has mental illness that would prevent him from participating in his sentencing hearing, he has ordered the test in an effort to be "scrupulous."

Daniel Riley of Cohoes, N.Y., will spend at least 30 days at a psychiatric facility for evaluation, under the terms of the order issued by Judge George Singal. Riley was one of several supporters of the Browns, who holed up in their Plainfield home for nearly nine months and threatened retaliation if federal agents tried to arrest them. A jury found that Riley helped prolong the standoff and that he brought guns and built bombs for the couple.

Like the Browns, Riley has long argued that there is no valid law requiring ordinary Americans to pay federal income taxes.

He has also expressed a number of other unconventional legal views, arguing before his trial that the federal court where he was tried does not have jurisdiction over him, disputing that court documents referring to "DANIEL JOHN RILEY," in all capital letters, pertain to him, and asking to represent himself in his case, calling his status "Juris Spurious."

But his lawyer, Sven Wiberg, argued only recently that Riley's legal beliefs constituted delusions that were interfering with his ability to assist in his own defense. According to Wiberg, Riley believes there is a secret, alternative legal process that court officials are hiding from him. During a court hearing last week, Riley disputed that Singal was a judge and offered to resolve his case using bonds and securities. Riley has not been charged with financial crimes and has not been subject to any fines.

In recent weeks, Riley has also told court officials that he had copyrighted his name and would seek damages against anyone who used it without his permission.

A recent legal filing by Riley himself argued that Wiberg was an employee of the U.S. Treasury Department.

Wiberg said that Riley refuses to speak with him or read any written correspondence. In the hearing, he argued that Riley's belief that Wiberg is helping the prosecution is interfering with his ability to participate in his pending sentencing hearing and could prevent him from raising valid legal issues in an appeal.

Lawyers for the government have argued that while Riley's recent behavior has been fruitless and distracting, it is not evidence of mental illness.

Assistant U.S. Attorney Arnold Huftalen has argued that Riley understands the court process but has chosen to make himself out as a martyr. In the hearing, Huftalen said Riley was able to negotiate over a plea agreement and assist his lawyer during his trial.

He also pointed to a recent letter by Riley to Ed Brown, which describes a considered legal strategy, as evidence that Riley understood the true nature of the court process.

During the hearing and in yesterday's legal ruling, Singal expressed doubt that Riley was not competent, but his order said he would await the opinion of mental health professionals before a final decision.

"Mr. Riley has made statements on the record that if sincere call into question whether he is now able to understand the nature and consequences of the proceedings against him or to assist in his sentencing," the order says. "Therefore, in an effort to be scrupulous in protecting Mr. Riley's rights, the Court will order that Mr. Riley undergo a psychological or psychiatric examination."

Because the examination will take at least a month, Riley's sentencing hearing, scheduled for later this month, has been postponed. Three other Brown supporter who were charged with Riley are scheduled for sentencing hearings in the next two weeks.

[Doktor Avalanche]

And it's about bloody time, too.

[Leftcoaster]

I think this may have been touched on earlier, but if the assessment shows that Danny is not competent, what effect might this have on the previous convictions?

[cynicalflyer]

Danny's in until possibly September 15.

08/12/2008 500 Letter to Honorable George Z. Singal from Warden, BOP, Ft. Devens re: requesting 15-day extension for defendant Riley's evaluation (jar) (Entered: 08/12/2008)

08/12/2008 ENDORSED ORDER as to Daniel Riley granting 500 Letter. Text of Order: Granted So Ordered by Chief Judge George Z. Singal. (jar) (Entered: 08/12/2008)

[cynicalflyer]

And the presentence report is NOT going to the shrinks for the psych eval.

08/21/2008 507 OBJECTION by Daniel Riley re 501 MOTION for Disclosure of PSIR to FMC Devens. (Wiberg, Sven) (Entered: 08/21/2008)

08/26/2008 ENDORSED ORDER denying 501 MOTION for Disclosure of PSIR to FMC Devens as to Daniel Riley (1). Text of Order: Denied So Ordered by Chief Judge George Z. Singal. (jar) (Entered: 08/26/2008)