| ashu |
Posted
on 28-Feb-02 06:11 PM
Chicago, IL February 28, 2002
This is an update of the case of Subash Gurung. He may eventually be
cleared of any terrorist connections but the case does not look like
it will be dismissed anytime soon.
His shutdown - inability or unwillingness to communicate adequately
with practically anyone - continues and this has become the major issue in
the case. His incarceration has undoubtedly been difficult for him.
He continues in Federal detention with appearances before the court
in Chicago. There were a series of appearances in January culminating on
the 24th. The judge then ordered a competency evaluation and he was
examined by a court appointed psychiatrist in February.
At the status hearing on February 25th, subsequent to the
examination, it was disclosed that he was, at this time, incompetent to be tried.
The prosecution however pointed out that the report indicated that his
uncommunicative behavior was not clearly due to incapability and
could have been interpreted to be by choice. While the judge could choose
to send him for treatment to render him competent for trial, he has
ordered that Subash be further evaluated and a status hearing is scheduled
for March 25th.
The judge also dismissed the need for a translator to be
present at subsequent appearances on the request of defense counsel.
He is only charged with the post 9/11 Federal offense of attempting
to bo ard an aircraft with a dangerous weapon. The crime could carry up
to10 years if convicted and the judge deems appropriate. The defense
had hoped to attempt to have him released after admitting guilt to this
charge, given the extenuating circumstances.
The prosecution had been accommodating but is constrained by the charged political climate. Since Subash doe not talk, this and other options could not be
explored more fully.
At this time it appears there is not much that we can do but hope
that he will receive some effective treatment and ultimately be sent back
to Nepal.
Thank you very much.
Sharda Thapa
Chocago, Illinois
|
