United States v. Wessel, No. 19-3002 (7th Cir. 2021)
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Wessel, who has a history of mental issues, allegedly raised a gun toward a police officer. He was charged as a felon in possession of a firearm. Defense counsel moved multiple times to find Wessel not competent to stand trial. The judge ordered three 45-day evaluations by mental-health experts. Defense counsel also sent multiple mental-health experts to evaluate Wessel. The judge held three competency hearings. She determined he was competent. At trial, Wessel refused to wear civilian clothing provided by his attorney and exploded into a tirade of profanities and accusations in front of the venire. The judge sent him to a remote room where he stayed for most of the trial. The jury convicted him. The judge sentenced him to 100 months' imprisonment.
The Seventh Circuit affirmed. The judge applied an appropriate standard; she was in the courtroom, heard the expert testimony, and could also evaluate Wessel’s demeanor over time. Even with mental illness, a defendant can be competent to stand trial; the judge committed no clear error in relying on the government’s experts or in determining Wessel was competent for trial even though she denied his attempted jury waiver because she could not conclude that waiver was knowing and voluntary. Defense counsel vigorously and continuously challenged competency but the judge considered and carefully weighed his position.
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