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Mentally incompetent Lakota man in custody of US Attorney General
Youngstown, Ohio foundation establishes defense fund
By Hazel Bonner
RAPID CITY - An evidentiary hearing scheduled for October 29 in Federal
District Court before Judge Karen E. Schreier was cancelled without notice to
Darrell Fast Wolf's parents or witnesses that flew in from Youngstown, Ohio
to testify in his behalf. Fast Wolf, 20, is a mentally incompetent man who
resided near Red Shirt Table on the Pine Ridge Reservation. His evaluations
show him to have the mental capacity of a seven-year-old.
A status hearing was held on October 17th during which US Attorney Gregg
Peterman and Federal Public Defender Monica Thomas agreed that prior to the
court entering an order on the matter of competency, an evidentiary hearing
was necessary.
The hearing was scheduled for October 29. Briefs on the issue of where
defendant should be committed if he is found to be incompetent were ordered
to be filed by both parties by October 24.
Schreier had ordered on June 5, 2002 that Fast Wolf undergo a psychiatric
or psychological examination. That order was issued the same day it was
requested by Assistant US Attorney Gregg Peterman. No hearing was held and
Schreier did not see or speak with the defendant.
Mary and Vardon Fast Wolf, defendant's parents, brought him to turn him
over to the US Marshalls on June 10. He was wrenched from his mother's arms
in tears begging not to go.
Fast Wolf had previously undergone an evaluation by Rapid City
Psychiatrist Steven Manlove in March. That evaluation found him to be
mentally incompetent to stand trial. The second evaluation was requested by
Peterman so he could undergo an evaluation at a Federal Medical Center
operated by the US Bureau of Prisons.
HISTORY OF CHARGES: Fast Wolf was indicted on August 15, 2001 by a
federal Grand Jury on charges of Aggravated Sexual Abuse of a child under the
age of 12. He was arrested on January 15. A detention hearing was held before
Magistrate Marshall Young on January 21. He was released without bond to his
parents. The only record appearing in his file at that time of his mental
capacity was a memo written by his parents informing the judge that he could
not read or write and had the mental capacity of a six to seven year old.
The indictment stemmed from an alleged sexual assault of a child under
the age of 12 that had occurred between May 1 and June 30 2000. It took 18
months before the young man was indicted and an additional six months before
he was arrested.
The mentally incompetent man was interrogated by FBI Agent Bill Grody and
another investigator in a Rapid City Office for a period exceeding five
hours. His parents were not allowed to be present, not was he allowed to talk
to an attorney. His parents informed Grody that he had the mental capacity
of a seven-year-old. He told an independent investigator that he did not know
he could refuse to talk to them.
The independent investigator was informed that the interrogators would
not accept any answer other than that he did it. They allegedly threw a
pencil at him and when he asked to see his mother, was told that he could go
if he just said he did it. He then said he did it. That "confession" led to
the indictment and arrest.
The charges had been brought by the mother of the alleged victim, age 5,
who is the step granddaughter of the Fast Wolfs. The family had adopted
Darrell, and two younger brothers when Darrell was five. He was four when
placed in their home as a foster child.
MENTAL HEALTH OF DEFENDANT: From a pre-adoptive evaluation that was done
at the age of 4 through the evaluation completed at the Springfield Federal
Medical Center from June 12 through July 24, 2002, his full-scale IQ has
hovered between 53 and 55.
The evaluation done at SFMC concluded that Mr. Fast Wolf is "currently
functioning well below average in most areas of intellectual functioning. "He
demonstrates poor overall memory skills, the defendant may appear to be
functioning at a higher level than is actually able to demonstrate. He has
displayed these intellectual deficits since early childhood and has
consistently scored well-below average in most areas assessed."
Dr. James K. Wolfson, Staff Psychiatrist at SFMC discussed at length
whether he believed Fast Wolf's intellectual functioning could be restored to
the extent that he might ever be able to stand trial. He reported, "I
strongly doubt that the defendant could testify relevantly without constant
guidance and leading, nor would he be able to assess others' testimony as it
is unfolding. In this particular area, notwithstanding his otherwise fairly
well-preserved verbal skills, the defendant indeed resembles an individual
with moderate mental retardation more than one with mild retardation."
Dr. Wolfson states, "I should point out that ordinarily I am reluctant to
deem incompetent defendants unrestorable, " Nonetheless, in this particular
instance, I do not expect the defendant's deficits to remit, nor are any
suitable accommodations to ameliorate them evident."
On October 17 a status hearing was held during which the Wolfson
evaluation was discussed. It was agreed that a competency hearing would be
held on October 29 and attorneys were to submit briefs on where the defendant
should be committed by October 24. The competency hearing was to be an
evidentiary hearing as detailed in the court reporter minutes of Courtroom
Deputy Jeana Holso filed on October 17.
Mary Fast Wolf said that when Darrell came back from SFMC in August he
was depressed and withdrawn. He kept saying, "They're coming to get me." On
October 4 he was evaluated by Dr. Mark T. Garry, an Indian Health Service
psychiatrist in Rapid City.
Dr. Garry reported that the defendant's "cognitive impairment clearly
limits his ability to comprehend the nature of his current legal situation.
As is common with people with FAS, Mr. Fast Wolf is very concrete in his
reasoning ability and unable to fully ascertain abstract concepts such as his
legal charges. It is my opinion that Darrell's FAS will continue to impair
his ability to understand or defend himself in a courtroom setting." In
addition, the report states " I suspect that Mr. Fast Wolf could easily be
exploited and taken advantage of in most any situation." The report of Dr.
Garry ascribed his increase in anger and irritability to "difficulties in
adjusting to his ongoing legal entanglements,"
RECENT COURT ACTION: According to his mother the defendant had just started
coming out of his depression and agitation when he was ordered to appear for
hearing on October 17.
He became even more angry and agitated. He became depressed, belligerent
and unresponsive. He finally had to be taken in by Tribal police on October
21 for threatening to assault his mother. His federal probation officer, Rick
Holloway, recommended that a warrant be issued and that he be detained in
jail pending disposition of his case.
That led to a hearing on October 23 at which his parents could not be
present. The minutes of that hearing found in his court file indicated that
his attorney objected to any questions being asked of him because of his
incompetence. Her objection was noted.
The Clerk was directed to issue the affirmation oath. The Clerk asked the
defendant to rise and raise his right hand. He remained seated and raised his
left hand. He did not respond to the oath.
The defendant denied the allegation that he had threatened his mother
that was claimed in the motion to revoke his bond.
The minutes then state that Ms. Thomas and Mr. Peterman entered a
stipulation that the defendant suffers from a mental disease or defect
rendering him mentally incompetent to the extent that he is unable to
understand the nature and the consequences of the proceedings against him or
to assist properly in his defense.
According to the minutes the judge entered an order that the defendant be
committed pursuant to 18 USC 4241(d) to the custody of the Attorney General
for treatment in a suitable hospital facility, not to exceed four months. On
October 23 Judge Schreier entered an order committing the young man to the
custody of the AG and ordered that the US Marshalls Service provide defendant
with appropriate mental/physical health treatment prior to his placement.
Neither the minutes nor the October 23 order cancelled the evidentiary
hearing scheduled for October 29. No briefs were submitted by October 24,
regarding where the defendant should receive care.
The Garry report was faxed to Dr. Wolfson at SFMC for his reaction. Dr.
Wolfson stated that the additional information did not change his opinion
that the defendant is incompetent and that his condition is unrestorable.
PARENTS AND SUPPORTERS NOT HEARD: The defendant's parents believed that the
evidentiary hearing would be the time to present evidence about the
defendant, including testimony of persons who had worked with him and letters
of support. They also wished to present a report to the court from an
independent investigator that had been presented to the Federal Defender the
end of May. They believed that the judge should have all that information
before making a decision regarding where to send their son.
They contacted the Mission of Love Foundation in Youngstown Ohio. That
organization worked with Darrell last summer building houses on the Pine
Ridge Reservation.
The defendant's parents were never contacted by his attorney informing
them that the evidentiary hearing was cancelled. When they showed up at the
Federal Building, the federal defender office was called and Jeff Marvin came
over to inform them that the hearing was not being held. They had driven from
east of Red Shirt Village in very adverse weather conditions hoping to see
their son and to present evidence and testimony to the judge about where he
should receive treatment.
Jeff Marvin told them that they could go to the Pennington County Jail to
see their son. They did that and were told that he had been shipped out on
Monday by the US Marshalls. They could not be told where he was being taken.
They believe that he received no mental/physical health care treatment prior
to his placement, as ordered by the judge.
The report the parents prepared for the court included a report done by t
he independent investigator. They described the circumstances surrounding
the interrogation and polygraph, and included documentation that the mother
of the alleged child victim continued to have the school bus drop the child
off at the residence of the defendant at least once a week after the
accusation was made. They attached copies of seven evaluations done while
the defendant was in full time special education in the school system. Also
attached were nine letters of support from residents of Red Shirt Table.
The report asked the court, "In the meantime, please order a full
evaluation of the complaining witness in this case. Her actions since the
accusation have not been the actions of the mother of a child victim of
aggravated sexual assault. She is a known liar."
The independent investigator report documented incidents where the
complaining witness had filed false reports with the FBI, Tribal Police,
Seventh Judicial Circuit Court and the Oglala Sioux Tribe Housing Authority.
Linda Budd and Kathleen Price flew in from Ohio to present testimony at
the hearing. They are members of the Mission of Love Foundation of Youngstown
Ohio and said that they had worked with the defendant last summer building
houses on the Reservation. They said he was "A gentle caring child in the
body of an adult. He was happiest when he could do something to help someone
else. We are convinced that no crime was even committed and if so, it was not
Darrell who committed it." They have a video and photos of Darrell while
working on the project.
The two members of Mission of Love are returning to Ohio determined to
bring the plight of Darrell Fast Wolf to the attention of national news media
and some attorneys known to them. They plan on establishing a Darrell Fast
Wolf Defense Fund. For more information contact Kathleen M. Price, 2054
Hemlock Court, Youngstown, Ohio, 44515, or phone (330) 793-2388.
Hazel Bonner is a free lance writer who writes from her home. Comments on
this story may be sent electronically to
hbonpidge1 at hotmail.com.
She may be reached by
mail at PO box 3712, Rapid City, SD 57709-3712.
SPECIAL ANNOUNCEMENT:
Darrell Ray Fast Wolf, the 20 year old Lakota man with the mental capacity
of a seven year old arrived today (Thursday, November 7, 2002) at the
Springfield Federal Medical Center. He is in the care of Dr. James K.
Wolfson, Staff Psychiatrist. He had been in transit since Monday, October
28, most likely staying at the Federal Transfer facility in Oklaholma City.
Darrell desperately needs letters and cards of encouragement. Darrell cannot
read or write, except to sign his own name. I urge anyone reading this
announcement to send cards and letters of encouragement to him as follows:
Darrell Ray Fast Wolf
C/O Dr. James K. Wolfson, Staff Psychiatrist
Springfield Federal Medical Center
PO Box 4000
Springfield, Missouri, 65801-4000
Ask Dr. Wolfson to read the letters and cards to him. He loves animals,
Lakota culture, and generally is a caring helpful young man. He could also
use money for commissary. Send Money Order TO Dr. Wolfson, for Darrell.
His attorney, Monica Thomas of the Federal Defender Office in Rapid City,
South Dakota, did not contact his mother. I gave her the phone number of the
facility and she called to find out if he was there. He had arrived about
11a.m. Thursday.
He had been ordered to receive treatment after being declared mentally
incompetent to stand trial by Dr. Wolfson after a six week stay in June and
July. He was sent back to SFMC to receive up to four months of "treatment"
in the hopes that he will be restored to competency. Dr. Wolfson, in his
prior report, stated that he was virtually certain that Darrell could not be
restored to competency.
His full scale IQ has hovered between 53 and 55 for the past six years. His
first evaluation was done at the age of 4 for a pre-adoption study. He and
two younger brothers were adopted by Vardon and Mary Fast Wolf and have
lived in that home since. Darrell is an FAS adult.
Darrell was angry, confused, withdrawn and depressed when he learned he
might be sent away again for four months. An evidentiary hearing was
scheduled on October 29 and was cancelled without notice to the family or
supporters who came in from out-of-state. That hearing was supposed to be
for the purpose of determining where he would be committed for treatment.
But it never happened.
Darrell has never been convicted of any crime. Darrell understands virtually
nothing about what he is charged with or what his happening to him. If he
has to be away from home for Thanskiving and Christmas, it will be
especially hard for him.
PLEASE TAKE TIME TO SEND ENCOURAGEMENT TO THIS YOUNG MAN WHO IS MENTALLY A
CHILD.
THANK-YOU
Hazel Bonner
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