BREAKING: Has Judge Matsumoto Ordered A Psychiatric Evaluation, Of Martin Shkreli? I think SO. EXCLUSIVE

I will simply mention (without too much wild eyed additional conjecture) that the order is under seal, as is the motion that led to it (Document 374).

However, this public minute entry is available, as of One PM EDT, on 09.19.2017:

Order on Motion for Psychiatric Exam

ORDER re [374] Motion (as to Martin Shkreli.)

Ordered by Judge Kiyo A. Matsumoto on 9/19/2017….

Obviously, we don’t know whether the order denied or permitted a psych eval, but we do know someone (likely Mr. Brafman?) made a motion for it — post the date of his incarceration.

Document 373 is from 09.14.2017, and Document 375 is from yesterday — that was Mr. Brafman’s motion to release the $5 million.

So, the motion for a psych eval is after he was locked up.

That said, it would be reasonably common for BoP to go ahead and do a pre-sentencing report psych eval, in any event. But at least under Colorado’s federal system — no formal motion would be made, post conviction (as all the convict’s rights are diminished, post conviction and incarceration) — it would just… happen. Mostly to determine optimal facility placement, and probable profiles for longer term cellmate assignments.

HOWEVER, I should also mention that the government could also have made the motion, under its theory that his record of national security threats warranted it.

We may know that the eval was granted, if we see — on the public Brooklyn MDC website that he has been transferred to a state hospital of any sort. I will check every few days, now.

I will offer no additional comment or conjecture. As any of these is as likely as any other.

But this is certainly newsworthy, given his erratic behavior.

UPDATE: Altdt440 adds this — belatedly:

“…This should have been done in early August. Do you think throwing him in jail and the looming threat of an arbitrary sentence might skew the results of the test? hahah….”

Onward.

 

 

 

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8 thoughts on “BREAKING: Has Judge Matsumoto Ordered A Psychiatric Evaluation, Of Martin Shkreli? I think SO. EXCLUSIVE

  1. R West says:

    I don’t think anyone thinks Martin is crazy, but I think Brafman is starting to realize that the initial 0 – 6 months projected for a prison sentence isn’t realistic. If Martin is looking at years in prison, Brafman needs something to present for sentence mitigation. If he can say Martin has some mental syndrome (even if it’s minor), then at least they have something to argue for a reduced sentence!

    Liked by 2 people

  2. bmartinmd says:

    Of course, I’m speculating, but I think this is Brafman floating a life raft to Shkreli, who can’t be doing terrifically well in a gen-pop lock-up. Shkreli has admitted publicly, in the past, to taking Effexor for an anxiety disorder, iirc. I suspect there’s nothing quite like the Brooklyn MDC to amp up one’s anxiety. Residence in a state-run psychiatric institute for convicted felons, however, can’t be that much better.

    Liked by 1 person

  3. R West says:

    If I may guess, Brafman would want the psych eval if he thought Martin is mentally off … as that could be a mitigating factor in sentencing. Also, that may explain why Brafman is not pushing for Martin’s re-release on bail, as he couldn’t simultaneously say he’s wacko and he wants him out in the public! Although BOP does a routine psych eval, presumably Brafman wants something more heavy duty. One would think the Judge would probably grant that motion, especially if Brafman is paying for his own expert.

    Liked by 1 person

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