Q - * ...* L 5
s'*!* pr .**a ZU iimiaa
flu! ¢-»
IN THE SUPERIOR COURT COURT OF OF GUAM GUAM
PEOPLE OF GUAM, CRIMINAL CRIMINAL CASE CASE n o CF0487-20 NO. CF0487-20 Plaintiff,
vs.
DECISION AND ORDER FINDING DEFENDANT COMPETENT TO EDWARD EDWARD ACE ACE SICAT SICAT aka KIM, aka KIM, STAND TRIAL TRIAL DOB: 9/06/1992 DOB: 9/06/1992 Defendant.
This matter came before matter came before the the Honorable Honorable Dana Dana A. A. Gutierrez Gutierrez on December 2, 2024 2024 for aa
continued Competency Hearing for Defendant Edward Ace Ace Sic at ("Sicat"). Sicat ("Sic at"). Present Present at at the the hearing
was Sicat atwith withhis hiscounsel, counsel,Attorney AttorneyMichael Michael F. F. Phillips, Phillips, and Assistant AssistantAttorney Attorney General Christine
S. Tenorio on on behalf of the People of of Guam ("Peop1e").11 Guam ("People").
Upon Upon review reviewof ofthe theevidence, evidence,the thearguments arguments of ofcounsel, counsel, and and applicable law, law, the the Court finds
that Sicat atisiscompetent competentto to be be proceeded proceeded against against at trial.
BACKGROUND
This case This case has been before before the the Court Court since sinceSeptember September2020, 2020, and and numerous numerous trial dates have
been scheduled andvacated. scheduled and vacated.See SeeDecision Decisionand and Order OrderRe: Re: Motion Motion to Continue Continue at 1-5 1-5 (July 20, 20,
2023). On October 4, 4, 2023, 2023, Sicat's Sicat's counsel counselfiled filed a Motion Motion in Limine for for Hearing Hearing on on Defendant's Defendant's
Competency Competency to be Proceeded Proceeded Against, Against, which which raised raised Sicat's Sicat's apparent "inability to meaningfully apparent "inability meaningfully
11 Also Also present was Public Defender Defender Stephen Stephen P. P. Hattori Hattori on on behalf behalfof ofSic Sicat and Tagalog interpreter, Brianyx Crisologo. DECISION AND ORDER FINDING DEFENDANT COMPETENT TO STAND TRIAL CF0487-20; People People of ofGuam Guamv.v. Edward EdwardAce AceSic Sicat
understand the understand the nature nature of the proceedings, proceedings, assist assist and cooperate with and cooperate with his counsel, counsel, follow follow the
participate in evidence, or participate in his defense." Id. Id. at 6, see also Decl. Deel. Michael F. Phillies Phillips at at 2 (Oct. (Oct. 4,
2023) ("The Defendant is completely unable to assist assist or cooperate with defense counsel. We are
not able to have a productive conversation with the Defendant about anything involving the facts facts
of his case or upcoming of upcoming trials.").
ordered Sic The Court ordered Sicat at to to undergo undergo aa forensic forensic evaluation, evaluation, and and for for the the examiner examiner to to provide
the following: following: (1) (1)an anopinion opinionasastotothe thedefendant's defendant's competency competencytotobe beproceeded proceeded against, against, together
with the reasons and basis for the the opinion, opinion, (2) an opinion as to (2) an to the the defendant's defendant's competency to be
sentenced, together with the reasons and basis for the opinion, and (3) an opinion as to whether
the defendant defendant lacked lacked substantial substantial capacity to know or understand what he was doing, or or to know or
understand that his conduct was wrongful or or to control his his actions, actions, or or to the extent to which, as as a
consequence of consequence ofmental mental illness, illness, disease, disease, or or defect, defect, the defendant defendant did did or or did did not not have have aa state of mind
relevant to any issue relevant issue in in the the trial trial of ofaction. action. Order Orderfor forForensic ForensicEvaluation Evaluationatat2 2(Oct. 2023). 2 (Oct.5,5,2023).-2
November 7, On November 7, 2023, 2023, Dr. Dr. Juan Juan Rapadas, Rapadas, a Clinical Clinical Psychologist with the Judiciary Judiciary of of
Guam's Client Ser Guam's Services and Family vices and Family Counseling Counseling Division Division ("CSFC"), ("CSFC"), performed performed aa forensic forensic
on Sic evaluation on Sicat. at. Dr. Dr. Rapadas's Rapadas's written report ("Rapadas Report") concluded concluded that that Sic Sicat "does
mental disorder not have a severe mental disorder that would directly directly cause cause him him to to lack substantial mental capacity
to know or understand what he was doing, to know know or or understand that his conduct was wrongful,
control his actions, or to control actions, under any circumstances circumstances in his his past past and and present present behaviors." behaviors." Rapadas Rapadas
22 Separately, Separately, at at the the request request of of Sicat's Sicat's counsel, counsel, the the Court ordered that a Tagalog interpreter be present to assist Sicatatatatthe theforensic forensic evaluation. evaluation. Although Although this case has been pending pending for for several several years, years, Sic Sicat did not raise the issue of of his his English English proficiency proficiency until until fall fall of of2023. 2023. Sicat's Sicat'scounsel counselhas hasstated statedthat thatalthough althoughSicSicat can speak some English, he needs assistance assistance understanding legal terminology and concepts. The People have not objected objected to Sicat's Sicat's use use ofofan an interpreter. interpreter. See See Decision Decision and and Order Order Re: Re: Competency Competency Issues Issues and Second Second Forensic Forensic Evaluation Evaluationatat 33(July (July10, 10, 2024) 2024). 2 DECISION AND ORDER FINDING DEFENDANT COMPETENT COMPETENT TO STAND TRIAL CF0487-20; People People of ofGuam Guam v.v. Edward EdwardAce AceSic Sicat
Rapadas also concluded that Sic Report at 6. Rapadas Sicat at was was competent competent to to be proceeded against, against, as as he
possess the ability "seem[s] to possess ability to consult consult [with his attorney] attorney] with a good good degree degree of of rational rational
understanding" and understanding" and "seems "seems capable oftestifying capable of testifying appropriately." appropriately." Id. at at 5.
On March 14, 2024, the Court Court held held a Competency Hearing and received testimony Hom from
Dr. Rapadas. Rapadas. During During the the hearing, hearing, Dr. Dr. Rapadas Rapadas conceded conceded that that he he did did not not review review Sicat's full medical medical
history prior to the forensic to or during the forensic evaluation. evaluation. Min. Entry Entry at at 2:54:01 2:54:01 PM PM (Mar. (Mar. 14, 14, 2024). 2024).
Specifically, he de Specifically, he dh did did not account account for whether Sicat's Sicat's mental mental conditions, conditions, and/or his use of and/or his of
Bromazepam, may render him "drowsy" Bromazepam, "drowsy" or or "frozen" "frozen" at at trial, trial, and and thus thus unable unable to assist assist in his
Decision and defense. See Decision and Order Order at at 9 (July 10, 2024).
Following the Following the competency competencyhearing, hearing, the the Court Court issued a Decision and Order Re: Re: Competency Competency
Second Forensic Issues and Second Forensic Evaluation Evaluationon onJuly July10, 10,2024. 2024. The TheCourt Courtruled ruledthat that Sic Sicat failed failed to to meet
his burden in providing providing evidence evidence that that he lacked lacked substantial substantial capacity capacity at at the the time of of the alleged alleged
offenses, but offenses, but given Dr. Rapadas' given Dr. Rapadas' incomplete of Sicat's incomplete review of Sicat's medical medical history, history, that that further further
information was necessary before making information making aa determination ofSicat's determination of Si cat's competency competencyto to stand stand trial. trial. See
id. at 7-9.
Thus, the Court ordered a second forensic forensic evaluation evaluation for for Sic Sicat at by by another examiner who
"shall (1) "shall (1) evaluate evaluate the medical medical history history that that Sic Sicat provides, provides, if any and (2) evaluate Sicat's current
medication regimen, medication regimen, ififany. any. The The examiner examiner shall shall thereafter thereafter produce a written report which which addresses
whether Sicat's whether Sicat's medical medical history, history, and/or his current medication medication regimen, regimen, renders him him incompetent
to be proceeded against against ...." .... "Id.Id.atat9.9.InInother otherwords, words,whether whetherSic Sicat is unable, at is unable, as as a result of mental
illness, disease, or defect, to (1) understand the nature of the proceedings, (2) assist and cooperate
with counsel, (3) follow the evidence, evidence, and/or and/or (4) to participate in his defense. Id. (4) to Id. Furthermore, the
3 DECISION AND ORDER FINDING DEFENDANT COMPETENT TO STAND TRIAL CF0487-20; People People of ofGuam Guam v.v. Edward EdwardAce AceSic Sicat
Court ordered Sicatat toto bring bring any any documentation documentation of of his his medical and medication history that is
relevant to the inquiry to his second forensic evaluation. Id.
A. Dr. Leitheiser's Report
Sicatat underwent underwent aa second second forensic forensic evaluation evaluation with Dr. Andrea M.S. with Dr. M.S. Leitheiser Leitheiser ("Dr. ("Dr.
Leitheiser"), a Licensed Leitheiser"), Licensed Clinical Clinical Psychologist, Psychologist, on on August August 26, 2024. 3 26, 2024.3
September 7, On September 7, 2024, Dr. Leitheiser produced her her written written report report (hereafter, (hereafter, "Leitheiser
Report"), t"), which provided which pr information ovided infor about her mation about her for forensic of Sic evaluation of ensic evaluation Sicat. at. During ing her
Leitheiser observed evaluation, Dr. Leitheiser observed that that "[Sic "[Sicat] at] was was oriented oriented to to person, place, time, location, and
context of of evaluation," and that his his "[j]udgment, "[j]udgment, reliability and insight were observed to be within
Leitheiser Report average limits." Leitheiser Report at 10.
Dr. Leitheiser Dr. Leitheiser administered administered the Minnesota Minnesota Multiphasic Multiphasic Personality Personality Inventory Inventory Second Second
Edition test ("MMPI-2"). However, she concluded concluded that that the "resulting "resulting MMPI-2 profile is not likely
to be a valid indication of of his personality and symptoms" symptoms" because because Sic Sicat "responded "responded to the MMPI-
2 items in an exaggerated manner, endorsing endorsing aa wide wide variety ofsymptoms variety of symptoms and and attitudes." attitudes." Id. at 12. Id. at
As part part of of his his evaluation, evaluation, Sic Sicat at also also underwent underwent the the Wechsler Adult Intelligence Scales Scales
Fourth Edition test ("WAIS-IV"). showed that ("WAIS-W"). His results showed that his "general cognitive ability ability is within
the average range of of intellectual functioning." functioning." Id. at 13. Additionally, Additionally, his verbal reasoning abilities,
perceptual reasoning and processing speed are all all within within average average range, range, and and his his working working memory memory
is within the low average average range. Id. at 14.
33 Brianyx Brianyx Crisologo Crisologo served served as as Sicat's interpreter during his examination. Leitheiser Report at 1 (Sept. 7, 2024).
4 I DECISION AND ORDER FINDING DEFENDANT COMPETENT TO STAND TRIAL CF0487-20; CF0487-20; People People of ofGuam Guamv.v. Edward EdwardAce AceSic at Sicat
Dr. Dr. Leitheiser also conducted Leitheiser also the McGan'y conducted the McGarry Competency Competency to to Stand Stand TTrial rial Assessment Assessment
Instrument ("CAI"), Instrument ("CAI"), aa structured interview designed designed to evaluate thirteen key functions relevant relevant to
a defendant's defendant's competency competencyto to stand stand trial. trial. Id. at 16. This This assessment assessment examines examines a defendant's defendant's ability
to understand legal proceedings, communicate communicate with with counsel, counsel, and and participate participate in his defense. Id.
the assessment, Following the assessment, Dr. Dr. Leitheiser Leitheiser concluded concluded that that Sic at possesses Sicat possesses the ability to
appraise the legal defenses available to him. Id. Id. at 18. She further further determined determined that he is expected
to be cooperative with his attorney and is "able to offer offer aa legal strategy strategy with consultation with a
legal professional." Id. Id. She found that he is able to appraise appraise the roles of of his attorney, the public
defender, prosecutor, judge judge and jury. Id. at 16. 16. In addition, he understands the procedures of the
court such as as when to talk and what it means when when aa judge judge sustains sustains an an objection. objection. Id. Also, Dr.
Leitheiser stated stated that Sicatat demonstrated demonstrated that that he he appreciates appreciates the the charges charges against against him, him, and the
penalties he faces. Id. faces. Id.
Based on her her observations observations and and testing, testing, Dr. Dr. Leitheiser Leitheiseralso also concluded concludedthat thatSic Sicat suffers from
an anxiety disorder, including including symptoms symptoms consistent consistentwith withpost-traumatic post-traumaticstress stress disorder disorder ("PTSD") ("PTSD").
Id. at 21. 21. These These symptoms symptoms include include "a "a freeze freeze response, response, panic, and issues with self-worth including including
eating disorders." Id.
Although Dr. Dr. Leitheiser Leitheiser noted noted that that Sic Sicat experiences difficulty difficulty communicating during
courtroom proceedings due to a "fight "tight or flight system activation" activation" when he perceives himself himself to
"in trouble," she nonetheless be "in nonetheless determined determinedthat that he he retains retains the the ability ability to "testify "testify relevantly." Id. at
18-19. She explained 18-19. explained that that while while Sic at may Si cat may exhibit exhibit signs signs of of anxiety, anxiety, appropriate appropriate medical medical and mental mental
health support can help him effectively engage engage in in his his defense. defense. Id. Id. at at 19.
Sicatat was was previously previouslydiagnosed diagnosed with with an an anxiety anxiety disorder disorder and and had had been taking taking anxiety anxiety
medication, but medication, but there was "confusion "confusion that that the medication medication prescribed prescribed[to [to Sic at] would Sicat] would likely likely hinder hinder
5 DECISION AND ORDER FINDING DEFENDANT COMPETENT TO STAND TRIAL CF0487-20; People People of ofGuam Guamv.v. Edward EdwardAce AceSic Sicat
couNt participation."Id. court participation." Id.atat9.9.Dr. Dr.Leitheiser Leitheiserexplained explainedhowever, however, that that medication medication is is not not meant to
hinder participation-"psychotropic medication is used used to to alleviate alleviate panic symptoms so that a
person can be be fully fully present present and and participate participate in their their current current situation, situation, in this context, context, for the
defendant defendant to assist in in his his defense." defense." Id. Id. She She stated stated that proper medication medication management management is likely to
enhance his enhance his ability ability to participate in court, not hinder hinder it. Id. Id.
Ultimately Ultimately Dr. Leitheiser Leitheiser concluded concluded that that "[i]t "[i]t is the opinion of of this provider that Defendant Defendant
competent to is competent to stand stand trial from a legal perspective." Id.
B. Competency pet encv Hearing Hear
December 2, On December 2, 2024, 2024, the Court Court held aa continued continued Competency Competency Hearing Hearing and and received received
testimony firm fromDr. Dr. Leitheiser. Leitheiser. On On direct direct examination examination by by the the People, People, Dr. Dr. Leitheiser Leitheiser reaffirmed her
conclusions from conclusions her forensic firm her forensic evaluation. evaluation. Min. Entry Entry at at 1:40:42 1:40:42 PM (Dec. (Dec. 2, 2, 2024). 2024). ("Testing ("Testing
using standardized measures both for executive functions and competency, I am sure that he was
competent competent to stand stand trial, trial, and concur with the the original original [Dr. [Dr. Rapadas] Rapadas] report."). report."). Dr. Leitheiser re-
emphasized sized that tha t medication medica tion is to be is "meant to be ther therapeutic, to aassist, a peutic, to not distr ssist, not distract," ct," aand tha that
management with "medication management with aa psychiatrist psychiatrist [can] [can] maximize good effects while decreasing side
effects." Id. effects." at 1:41 Id. at 1:41:40 PM-1:42:14 :42:14 PM.
On cross-examination, cross-examination, Sicat's counsel raised issues of of Sic at "freezing Sicat "freezing up" up" in court court as a
of anxiety, symptom of anxiety, as well as issues with Sicat's medication causing causing him to to be drowsy. drowsy. Id. at at
1:51 :09 :09 PM-2:13:58 PM-2:13 :58PM. PM.On Onre-direct, re-direct,Dr. Dr.Leitheiser Leitheiserclarified clarifiedthat thatSicat's Sicat's "freezing "freezing up" up" response response
render him completely did not render completely "catatonic." "catatonic." Id. at 2:30:50 Id. at 2:30:50 PM. Additionally, Additionally, Dr. Leithiser testified
that certain certain accommodations accommodations such as taking taldng breaks, as well as counsel educating his client client about
court procedures, can mitigate such side-effects. Id. at 2:46:31 2:46:31 PM-2:49:51 PM-2:49:51 PM. PM. At the end of the
6 DECISION AND ORDER FINDING DEFENDANT COMPETENT TO STAND TRIAL CF0487-20,' CF0487-20; People People of ofGuam Guam v. v. Edward EdwardAce AceSic at Sicat
hearing, both parties requested to provide provide briefing briefing to to the the Court Court and and the the Court Court granted granted the the parties parties'
Id. at 3:04:02 PM-3:12:55 PM. request. Id.
On December December 16, 16, 2024, Sicatatfiled tiledDefendant's Defendant's Competency Competency Brief and and Memorandum of of
Points and Authorities in Support Thereof. In his brief, Sic Sicat "requests "requests the the Court Court accommodate accommodate his
PTSD and along with the requirements of of the Americans with Disabilities Act ("ADA"), ensure
the establishment the of safeguards establishment of safeguards to to reasonably reasonably accommodate accommodate Defendant." Defendant." Def.'s De£'s Competency Competency Br. Br.
at 2. 2. Without Without such safeguards, safeguards, Defendant Defendant does not believe he can be proceeded proceeded against. against. Id.
On On December December 30, 2024, the People People submitted submitted People's People's Brief Brief Re: Re: Defendant's Defendant's Competency Competency
to Stand Trial. Trial. The The People People "do "do not oppose the imposition of of safeguards and accommodations so
that Defendant may assist assist in in his his defense." defense." People's People's Br. at 2. 2. "However, "However, the People want to make
clear that, that, even even without without these these safeguards, safeguards, the the Defendant's Defendant's condition condition alone alone does not render him
incompetent to incompetent to stand stand trial." Id.
The Court gave Sicat at the the opportunity opportunity to to file file aa reply reply by by January January 6, 6, 2025; 2025, however, however, no reply
was filed. filed. See Min. Entry at 3:12:55 3:12:55 PM (Dec. 2, 2024). 2024). The Court then took the matter under
advisement on advisement on January January 16, 16, 2025.
DISCUSSION
"A defendant defendant is incompetent incompetent to to be be proceeded proceeded against against in in aa criminal criminal action action if, if, as as aa result of of
mental illness, disease, or defect, he is unable (1) to understand the nature of the proceedings, (2)
to assist and and cooperate cooperate with with counsel, (3) to to follow follow the evidence, evidence, or or (4) to participate in his his defense. defense.
99 GCA GCA §7.37(a)(1)-(4). § 7.37(a)(l)-(4). In In general, general, the the "test "test for competency to for competency to stand stand trial is whether trial is whether the the defendant defendant
has sufficient present ability sufficient present ability to to consult consult with with his lawyer with aa reasonable reasonable degree degree of of rational rational
and whether understanding and whether he he has has aa rational as well as a factual factual understanding understanding of the proceedings
7 DECISION AND ORDER FINDING DEFENDANT COMPETENT TO STAND TRIAL CF0487-20; People PeopleofofGuam Guamv.v.EdWard EdwardAce AceSic Sicat
against him." People v. against him." v. Guerrero, 2001 2001 Guam 19 1133 (quoting Boat 19133 Boat v. v. Raines, 769 F.2d 1341, 1341,
1343 (9th Cir. 1985)), 1985)); see Dusky Dusky v. v. United United States, 362 U.S. 400, 400,402 (1960).
A. The Side Side Effects Medication Do Not Render Him Incompetent Effects of Sicat's Medication Incompetent to Stand Trial
Sicat atappeared appearedmentally mentally sound sound at at both both forensic forensic evaluations. evaluations. During his evaluation with Dr.
Leitheiser, he "accurately identified the nature and reason for their evaluation, evaluation, day day of the week,
time of of day, date of of the week." Leitheiser Leitheiser Report Report at at 10. 10. He was "oriented to to person, person, place, time,
location, and context context of of evaluation." evaluation." Id. Id. Sic at also Sicat also scored scored within within average average range range on his assessments
concerning his concerning his cognitive cognitive abilities, abilities, language language skills, skills, memory, memory, and and attention. attention. Id. at 10-20. Id. at 10-20.
Sicat atalso alsodemonstrates demonstrates aa clear clearunderstanding understanding of of the the criminal criminal proceedings proceedings against him. him. See
id. at 16. His His responses responses in the CAI test indicate that he is aware of the the roles and responsibilities of of
various participants, participants, the the structure structure of of court court procedures, procedures, the the legal legal process process he he is is undergoing, undergoing, and the
nature of the charges filed against him. Id. Id. Additionally, he understands the range of of penalties he
face if convicted, could potentially face convicted, suggesting suggesting that that he he is capable capable of making informed decisions
defense strategy. regarding his defense strategy. Id.
Throughout the proceedings, Sic at has Sicat has consistently consistently maintained maintained his his innocence. His legal
strategy is centered on demonstrating that the allegations demonstrating that allegations against against him are Id. He understands are false. Id.
that if a witness witness is testifying testifying against him, and he he sees sees that that the witness is lying, that he should, "let
[his] attorney know." Id. His capacity to to recognize recognize and relay pertinent details demonstrates that he
is engaged with his case and can participate participate meaningfully meaningfully in his defense.
While Sicat's mental state state does not prevent him from from understanding understanding the nature nature of the
proceedings proceedings or from assisting assisting in his his defense, defense, Sicat's Sicat's attorney attorney expressed expressed concern concern that that Sicat's Sicat's
8 DECISION AND ORDER FINDING DEFENDANT DEFENDANT COMPETENT COMPETENT TO STAND TRIAL CF0487-20; People People of ofGuam Guamv.v. Edward EdwardAce AceSic Sicat
medication medication for his PTSD diagnosis and anxiety may interfere interfere with his ability ability to assist assist in his
defense. Def.'s Competency Competency Br. Br. at at 1.
However, the administration of of psychotropic psychotropic medication medication alone alone is is not not sufficient sufficient to render a
defendant defendant incompetent incompetent to to stand stand trial. Sheley Seeley v. Singletary, Singletary,955 F.2d 1434, 1434, 1438 1438(11th (nth Cir. Cir. 1992)("A
bare allegation of the allegation of the level level of psychotropic psychotropic drugs drugs administered administered. ... . isis insufficient insufficient to meet meet this this
evidentiary threshold."). A defendant "must present evidence demonstrating that the dosage given
to him affected affected him sufficiently sufficiently adversely of his ability adversely as to raise a doubt of ability to to consult with his
lawyer and to have a rational understanding of lawyer of the proceedings proceedings against against him." him." Id. at at 1439.
Critically, "drowsiness" as a side effect to medication "drowsiness" as medication is not sufficient to render a defendant defendant
of standing trial. See Woods v. incapable of v. McBride, 813,820 McBride, 430 F.3d 813, 820 (7th Cir. Cir. 2005)(holding 2005)(holding that
drowsiness as a side effect of psychotropic drowsiness psychotropic drugs did not interfere with Defendant's ability to Defendant's ability to assist
his counsel as to to make make him him incompetent); incompetent), see also Petrena Petrina v. State, 999, 1001 State, 914 So.2d 999, 1001 (Fla. 1st
evidence insufficient DCA 2005)(affirming conviction and finding evidence insufficient to to establish establish that defendant was
stand trial, mentally incompetent to stand trial, based, based, in part, part, on medical testimony that defendant's anti- anti-
anxiety medication would would not not cause cause defendant defendant to to be be unable unable to to assist assist counsel).
In this matter, Sicat atreported reportedthat thathis hisanti-anxiety anti-anxiety medication "was very effective" medication "was effective" but "left
Leitheiser Report at 8. However, Sicat him drowsy." Leitheiser at made or argument that the made no showing or
"drowsiness" was "drowsiness" was so so severe severe as as to to affect affect his his ability ability to to cooperate cooperate with with his his attorney attorney or or assist with his
defense. Notably, defense. Nota bly, such ints of dr such complaints drowsiness, without demonstr owsiness, without demonstrable a ble impairment impa ir ment to to aa
assist his defendant's ability to assist his counsel, counsel, do do not meet meet the the legal legal standard standard for for incompetency. incompetency. See
Woods, Woods, 430 F.3d at 820; 820, Petrena, 914 So.2d at 1001.
Dr. Leitheiser repeatedly Moreover, Dr. repeatedly stated stated in in both her report and testimony during the
competency hearing that medication is intended to to alleviate alleviate panic symptoms, thereby enhancing,
9 DECISION AND ORDER FINDING DEFENDANT COMPETENT COMPETENT TO STAND TRIAL CF0487-20; People People of ofGuam Guamv.v. Edward EdwardAce AceSic Sicat
rather than hindering, a defendant's ability ability to to participate participate in legal proceedings. Id. Id. With proper
medication management, management, Sicat's Sicat's anti-anxiety anti-anxiety medication medication should should facilitate facilitate his ability ability to assist assist in 4 his defense, defense, not obstruct obstruct it.4 Therefore, any Therefore, any alleged alleged side side effects effects of of Sicat's Sicat's medication medication do not
provide a sufficient basis for for deeming deeming him incompetent incompetent to to stand stand trial. trial.
B. Although Sic Although Competent to Stand Sicat Is Competent Stand Trial, Trial,the theCourt Court1yI8}LAllow May Allow Reasonable; Reasonable Accolll 0d2tioHs_ Accommodations
The Court emphasizes that, as reflected reflected in in Dr. Dr. Leitheiser's Leitheiser's Report, even without the use of of
medication, Sic anti-anxiety medication, Sicat at is is competent competent and can be proceeded against at proceeded against at trial.
Courts have repeatedly held that the the mere presence of of mental illness does not mean that that
defendant is the defendant is incompetent-the mentalillness incompetent-the mental illnessorordisability disability must must be be so so debilitating debilitating that that the
defendant defenda nt is is unable una ble too consult consult with wit h his his lawyer aand does does not not ha have ve a ar arational t iona l aand nd fafactual ct ua
of the proceedings. See State v. understanding of v. Lang, 726, 942 N.W.2d 388 Lang, 305 Neb. 726, 388 (2020)(trial (2020)(trial
court acted acted within within its its discretion discretion in in denying denying defendant's defendant's motions for evaluation on her her competency
to stand trial, trial, despite despite defendant's defendant's mental mental health diagnoses of of generalized anxiety anxiety disorder, disorder, post-
traumatic stress stress disorder, disorder, and and major major depressive depressive disorder, disorder, because because defendant defendant could could comprehend comprehend the
proceedings against her); US. v. her), US. v. Patterson, Patterson, 713 F.3d 1237, 1242-44 (10th Cir. Cir. 2013) 2013) (Defendant's (Defendant's
Attention Deficit Disorder Disorder did require court to did not require to order compet~ncy competency hearing where defendant
appeared responsive appeared responsive knowledgeable and understanding of of what was happening); happening), State v. Adkins,
2021 WL 929924, 2021 929924, at 10 (Ohio Ct. Ct. App. App. Mar. Mar. 4, 2021)(finding 2021)(finding that defendant met met standard standard for
competency to competency to stand stand trial trial despite despite history ofbipolar history of bipolar disorder, disorder, PTSD, PTSD, anxiety, anxiety, and and depression) depression).
44 Furthermore, Furthermore, the the Court Court does does not compel Sic Sicatat to to take take medication. medication. As As such, such, it is his responsibility responsibility to manage any medication he voluntarily takes to ensure it best supports him while he is on trial.
10 10 DECISION AND ORDER FINDING DEFENDANT COMPETENT TO STAND TRIAL CF0487-20; People People of ofGuam Guamv.v. Edward EdwardAce AceSic Sicat
Again, Sicat athas hasnot notdemonstrated demonstrated that that his his anxiety anxiety or or PTSD PTSD symptoms symptoms is so debilitating as
to affect his ability ability to to understand understand the Dr. Leitheiser the proceedings or consult with his lawyer. As Dr.
testified, testified, Sicat Sic atdoes doesnot not become become "catatonic." "catatonic." Min. Min. Entry Entry at at 2:30:50 2:30:50 PM 2024). Sicat's PM (Dec. 2, 2024).
compromise his "mental health symptoms does not compromise his executive executive functioning" functioning" and he was able able to
proceedings and comprehend the proceedings and demonstrate demonstrate clear clear cognition cognition and and verbal verbal capabilities. capabilities. Leitheiser
Report at 1, 10 Report 10 and and 13. 13.Therefore, Therefore,Sicat's Sicat's mental mental health health diagnosis diagnosis does does not not render render him him incompetent incompetent
to stand trial.
Nevertheless, Sicat at requests requests that thatthe theCourt Courtprovide provide him him with with reasonable reasonable accommodations accommodations
in order m or der ffor himt otos t astand or him trial nd t r ia and"ma l a nd "maintains t witwithout int a ins t hathat f egu a ds aand f f ic ient s asafeguards hou t s usufficient nd
accommodations, [he] accommodations, [he] may may not be proceeded against." against." Def.'s Competency Br. at 2. As noted noted
above, Sicat's condition condition alone alone does does not not render render him incompetenttoto stand him incompetent stand trial. trial. Therefore, the Court
rejects this assertion and emphasizes emphasizes that even without without accommodation, accommodation,Sic Sicat is competent competent to stand
trial. See Lang, Lang, 305 Neb. 726, 726; McBride, at 820. McBride, 430 F.3d at 820. Further, Sicat at has has failed failed to to identify identify what
accommodation, ififany, accommodation, any, he he isis seeking seeking to to assist assist in in his his fuller fuller participation participation in the trial process.
However, the People have agreed to allow reasonable accommodation. People's People's Br. Br. at at 2.
Although as as noted above, it is Sicat's burden to demonstrate that a reasonable reasonable accommodation is
needed, the Court does not oppose allowing possible possible reasonable accommodation, ifif any, such as
those suggested by Dr. Leitheiser Leitheiser (Le. (i.e. taking short short breaks during panic panic attacks). attacks). The Court shall
set a hearing to discuss potential reasonable accommodation, accommodation, ififany, any, and and set set this this matter matter for trial.
CONCLUSION
Court found Previously, the Court found that that Sic Sicat at did did not lack substantial substantial capacity capacity at at the the time time of his
alleged offenses alleged offenses and andmay maybe beproceeded proceededagainst againstatattrial. trial.See Decisionand SeeDecision andOrder Orderatat99(July (July10, 10,2024) 2024).
the Court For the reasons stated above, the Court finds finds that that Sic Sicat at is is competent competent to stand trial and possesses
11 11 DECISION AND ORDER FINDING DEFENDANT COMPETENT TO STAND TRIAL CF0487-20;People CF0487-20; People of ofGuam Guam v. v. Edward EdwardAce AceSic Sicat
the mental competency competency "(1) "(1) to to understand understand the the nature nature of of the proceedings, proceedings, (2) (2) to assist and cooperate
with counsel, with (3) to counsel, (3) to follow follow the the evidence, evidence, or or (4) to participate (4) to his defense." in his participate in defense." See See 99 G.C.A. G.C.A. §§
7.37(a)(l)-(4). As a result, the Court shall set this matter matter for trial.
~ The Court hereby ORDERS that a Status Hearing Hearing be held on April be held April 11, 2025 at 9:00 A.M.
\ to discuss Sicat's request for reasonable accommodation accommodation and and to to set set this this matter matter for for trial.
th day of March, 2025. SO ORDERED this 14th
H( BLE DANA A. GU ERREZ Ju Q, Sjlperioi co of Guam
slnvlce SBVICI!vIA y VIA I-MAIL l!-MAIL 1, ac;naw\ed5e aci"~w•edge :pal u,at um er"electvonlc elect,on1<. Cove Copy gt Me Olag-Ha' ofrhe or1g,na1 wax wa1 emailed fv\al\edto lo
/J/;g ,?]?S{, pr, /' I
fl,; JI; j /VA;/A. 1 ftJrJ, 1/ci i We/ff /0 Dale 3' /'/ - Date 3//*/. /i1 lGnle.z5:lzQQ 7 :J~ rune.
/l-lwf éwwp {},1/d,q, ~ Deputy Deputy clerk clerk._ Superior Superlol court Court iV of Guam
12 12