Federal Inmate Convicted of Assault with Intent to Commit Murder and Assault Resulting in Serious Bodily Injury
The United States Attorney’s Office for the Middle District of Pennsylvania announced that after a hearing on January 6, 2014 in Wilkes-Barre, U.S. Senior District Court Judge A. Richard Caputo, issued an 11 page Memorandum and an Order on January 7 finding that former Pennsylvania Senator Raphael Musto is not mentally competent to stand trial, by a fair preponderance of the evidence.
Judge Caputo found that Musto was physically competent to stand trial. The finding of mental incompetency was based on the medical testimony and reports. Under the applicable statute, 18 United States Code Section 4241 (d), the Court noted that it is mandatory that Musto be committed to the custody of the Attorney General and that the question of the permanency of Musto’s condition was not before the Court at this time.
U.S. Attorney Peter Smith stated that given the reports and testimony of experts engaged by the Court, the Government and the defense, the Government does not intend to appeal the Judge’s Order.
Section 4241 (d) requires that the defendant be hospitalized “for treatment in a suitable facility” for a “reasonable time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future,” the defendant will “attain the capacity” to permit further proceedings.
According to U.S. Attorney Smith, the process of selecting a suitable facility and designating a time for the defendant to go there, is conducted by the U.S. Marshals Service and the Bureau of Prisons and may take approximately four to six weeks.