Filing # 190799545 E-Filed 01/30/2024 09:12:11 AM
`
`IN THE CIRCUIT COURT OF THE FIFTEENTH
`JUDICAL CIRCUIT IN AND
`FOR PALM BEACH COUNTY, FLORIDA
`
`
`CRIMINAL DIVISION "T"
`
`CASE NO.: 50-2023-CF-007501-AXXX-WB
`
`
`STATE OF FLORIDA,
` Plaintiff
`vs.
`JAMEL MECHON ROSEAU,
` Defendant.
`________________________________________/
`
`
`ORDER GRANTING EXAMINATION OF DEFENDANT'S COMPETENCY TO
`PROCEED
`
`
`
`THIS CAUSE having come to be heard upon the Defendant's written motion in the
`above-styled cause, requesting a determination of the competency of the defendant to stand trial,
`and the Court being otherwise fully advised, it is
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`NOT A CERTIFIED COPY
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`ORDERED AND ADJUDGED
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`1. That said motion is hereby Granted.
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`2. Dr. Adam White, Ph.D. is appointed to examine the defendant whose business address is
`5903 Coconut Rd., West Palm Beach, FL 33413 and whose telephone number is 561-
`301- 7004.
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`3. If the defendant is in custody, the Sheriff of Palm Beach County shall permit the above-
`named expert(s) to enter the Palm Beach County Jail to conduct the foregoing evaluation
`of the defendant upon presentment of this Order. If the defendant is not in custody, the
`expert is to contact defense counsel, or pro se defendant, for scheduling. If the
`Defendant refuses the evaluation for a second time, the appointed doctor shall make
`cell side observations of the defendant, speak to anyone in the jail having knowledge
`of the defendant (deputies, jail medical staff, etc.) and review all jail and other
`available medical records to make a competency determination.
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`4. The expert is to give timely notice to the parties of the date and place of the examination.
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`5. A copy of the order serves as authorization for the expert to inspect and copy any
`discoverable information relating to the Defendant maintained by the defense counsel,
`Clerk of this Court, State Attorney's Office, any hospital, doctor, or any health care
`provider, therapist, psychiatrist, psychologist, counselor, or any mental health provider, or
`other social or human services agency, and to review any and all school records in the
`custody of the Palm Beach County School Board, its agents or employees without the
`necessity of written consent by Defendant. All parties who desire for the doctor to
`consider the above listed documents shall provide said documents to the doctor
`within five (5) days of this Order. The doctor shall record the date of receipt of any
`of these.
`
`FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 01/30/2024 09:12:11 AM
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`Case No. 50-2023-CF-007501-AXXX-WB
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`6. This cause is scheduled for a status check hearing on the issue of the Defendant's
`competency to proceed at 1:00 p.m. on March 13, 2024, in Division T, Courtroom 2,
`Criminal Justice Complex, 3228 Gun Club Road, West Palm Beach, Florida 33406.
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`7. The expert shall submit a written evaluation of the defendant's mental condition to this
`Court, with copies to the Assistant State Attorney , the Attorney for the Defendant,
`and Paulina Pasquarelli, Mental Health Case Manager, on or before March 6, 2024,
`which shall include but is not limited to:
`
`a. Competence to Proceed (See Fla.R.Crim.P. 3.211(a), F.S. §§916.115, 916.301).
`Whether the defendant has sufficient present ability to consult with counsel with a
`reasonable degree of rational understanding and whether the defendant has a
`rational, as well as factual, understanding of the pending proceedings. In
`considering the issue of competence to proceed, the examining expert shall
`consider and include in their report, the following factors, and any other factors
`deemed relevant by the experts, as they pertain to the defendant's capacity and/or
`ability to:
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`1. Appreciate the charges or allegations against him;
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`2. Appreciate the range and nature of possible penalties which may be imposed
`against him;
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`3. Understand the adversary nature of the legal process;
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`4. Disclose to his attorney facts pertinent to the proceedings at issue;
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`5. Manifest appropriate courtroom behavior;
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`6. Testify relevantly;
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`b. Recommend Treatment (See Fla.R.Crim. P. 3.211(b)). Should the appointed expert
`find that the defendant is incompetent to proceed, then the expert shall determine
`whether the defendant meets the criteria for involuntary hospitalization and report on
`any recommended treatment for the defendant to attain competence to proceed. The
`expert's report and recommendations shall include consideration of the following:
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`1. The mental illness or intellectual disability causing the incompetence;
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`2. The treatment or treatments appropriate for the mental illness or intellectual
`disability of the defendant and an explanation of each of the possible treatment
`alternative in order of choices;
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`3. The availability of acceptable treatment, including whether the treatment is
`available in the community and whether the treatment involves community or
`residential facilities or inpatient or outpatient settings;
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`4. The likelihood of the defendant attaining competence under the recommended
`treatment, an assessment of the probable duration of the treatment required to
`restore competence, and the probability that the defendant will attain
`competence to proceed in the foreseeable future;
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`8. All written reports submitted by the expert shall contain the following:
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`Case No. 50-2023-CF-007501-AXXX-WB
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`a. A list of the specific matters referred for evaluation;
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`b. A description of the evaluation procedure, techniques and tests used in the
`examination and purpose for each;
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`c. The expert's clinical observations, findings, and opinions on each issue referred for
`evaluation by the Court, and specific identification of those issues which the expert
`could not give an opinion;
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`d. An identification of the sources of information used by the expert and a presentation
`of the factual basis for the expert's clinical findings and opinions.
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`All information contained in the motion to determine competency of the defendant or in any
`report submitted under this order, insofar as the information relates solely to the issues of
`competency to proceed or to commitment, shall be used only in determining the mental
`competency to proceed or the commitment or other treatment of the defendant.
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`9. If an order is entered for the determination of competence, the appointed expert shall be
`paid in accordance with his or her current contract with the responsible party, or in the
`absence of a contract, the current Administrative Order regarding payment of appointed
`experts. Evaluations that include both competency and sanity will be proportionately paid
`for by the responsible parties.
`
`10. Payment for competency evaluations to determine competence to proceed or to determine
`recommended treatment for competence to proceed shall be made by the Court in
`accordance with the contract between the Court and the expert, or if no contract exists,
`then in accordance with the current Administrative Order regarding payment of appointed
`experts. The expert shall submit the bill and appropriate invoice with an attached copy of
`this Order Directing Examination of the Defendant's Competency to the Court at:
`
`Court Administration
`Administrative Office of the Courts
`205 North Dixie Highway, 5th Floor
`West Palm Beach, FL 33401
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`When a request is made for an evaluation of the defendant to determine the defendant's
`sanity or as an aid for sentencing, the requesting party shall pay. Payment shall be made in
`accordance with the contract between the responsible party and the expert, or if no
`contract exists, then in accordance with the current Administrative Order regarding
`payment of appointed experts.
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`DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida.
`
`
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`COPIES TO:
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`Case No. 50-2023-CF-007501-AXXX-WB
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`DIVA CASAS, ASA
`
`No Address Available
`
`Dcasas@sa15.org
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`DIVA ELENA CASAS 401 N DIXIE HWY
`WEST PALM BEACH, FL
`33401
`
`DOBRYAN@SA15.ORG
`dcasas@sa15.org
`DIVGC@sa15.org
`FELDIVT@sa15.org
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`FELONY DIVISION X No Address Available
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`FELDIVX@SA15.ORG
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`mshiner@palmbeachdefense.co
`
`m s
`
`hinerlaw2001@yahoo.com
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`DRADAMJWHITE@GMAIL.
`COM
`
`IMDCOURTORDERS@PBS
`O.ORG
`
`MARC SHINER, ESQ 1801 CENTREPARK DRIVE
`EAST
`SUITE 110
`WEST PALM BEACH, FL
`33401
`
`No Name Available
`
`No Address Available
`
`No Name Available
`
`No Address Available
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`NOT A CERTIFIED COPY
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`No Name Available
`
`No Address Available
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`ppasquarelli@pbcgov.org
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`Case No. 50-2023-CF-007501-AXXX-WB
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`This notice is provided pursuant to Administrative Order No. 2.207-7/22
`
`“If you are a person with a disability who needs any accommodation
`in order to participate in this proceeding, you are entitled, at no cost to
`you, to the provision of certain assistance. Please contact William
`Hutchings, Jr., Americans with Disabilities Act Coordinator, Palm Beach
`County Courthouse, 205 North Dixie Highway West Palm Beach, Florida
`33401; telephone number (561) 355-4380 at least 7 days before your
`scheduled court appearance, or
`immediately upon receiving
`this
`notification if the time before the scheduled appearance is less than 7 days;
`if you are hearing or voice impaired, call 711.”
`
`es una persona minusválida que necesita algún
`“Si usted
`acomodamiento para poder participar en este procedimiento, usted tiene
`derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la
`amabilidad de ponerse en contacto con William Hutchings, Jr., 205 N.
`Dixie Highway, West Palm Beach, Florida 33401; teléfono número (561)
`355-4380, por lo menos 7 días antes de la cita fijada para su comparecencia
`en los tribunales, o inmediatamente después de recibir esta notificación si
`el tiempo antes de la comparecencia que se ha programado es menos de 7
`días; si usted tiene discapacitación del oído o de la voz, llame al 711.”
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`“Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka
`patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye,
`gen pwovizyon pou jwen kèk èd. Tanpri kontakte William Hutchings, Jr.,
`kòòdonatè pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte
`Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida
`33401; telefòn li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou
`pou parèt nan tribinal la, oubyen imedyatman apre ou fin resevwa
`konvokasyon an si lè ou gen pou w parèt nan tribinal la mwens ke 7 jou; si
`ou gen pwoblèm pou w tande oubyen pale, rele 711.”
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