United States District Court, D. Hawaii
ORDER GRANTING, IN PART, AND DENYING, IN PART, CIVIL
BEAT LAW CENTER FOR THE PUBLIC INTEREST'S MOTION TO
UNSEAL COURT RECORDS (ECF NO. 1)
GILLMOR, UNITED STATES DISTRICT JUDGE
(1) November 6, 2018 Letter From Kevin K. Kurohara, M.D.
(2) November 9, 2018 Letter From William G. Herrera, M.D.
(3) January 10, 2019 Letter From William G. Herrera, M.D.
(4) May 27, 2019 Letter From Chinmoy Gulrajani, M.D.
DOCUMENT UNSEALED WITH REDACTIONS:
(5) May 27, 2019 Psychiatric Evaluation By Chinmoy Gulrajani,
Civil Beat Law Center for the Public Interest seeks to unseal
court records relating to the mental competency evaluation of
Ernest Bade in United States v. Ernest Bade; Yvonne
Caitano; Sheena Strong; Marie Benevides; Theresa Saltus,
Bade was charged with one count of conspiracy to unlawfully
distribute and dispense controlled substances in violation of
21 U.S.C. § 846 and forty counts of unlawfully
distributing and dispensing controlled substances in
violation of 21 U.S.C. §§ 841(a)(1) and
January 31, 2019, Ernest Bade, through his attorney Federal
Public Defender Peter Wolff, filed a MOTION FOR COMPETENCY
EVALUATION with Exhibits A, B, and C in support of the
Motion. (ECF Nos. 76 and 80). He also filed an EX-PARTE
MOTION TO SEAL EXHIBITS A-C IN SUPPORT OF MOTION FOR
COMPETENCY EVALUATION. (ECF No. 77).
February 1, 2019, the Magistrate Judge granted Bade's
Motion to Seal Exhibits A-C. (ECF No. 79).
March 6, 2019, the District Court Judge granted Bade's
Motion for Competency Evaluation. (ECF No. 89).
March 28, 2019, the Court issued an ORDER GRANTING DEFENDANT
ERNEST BADE'S MOTION FOR COMPETENCY EVALUATION. (ECF No.
91). Dr. Chinmoy Gulrajani, M.D., was appointed to conduct a
competency evaluation of Ernest Bade. (Id.)
5, 2019, the Court received a letter from Dr. Gulrajani with
his attached Psychiatric Evaluation of Ernest Bade pursuant
to 18 U.S.C. § 4241. (ECF No. 103). The letter and
Psychiatric Evaluation were filed under seal.
6, 2019, the Court held a competency hearing. (ECF No. 104).
19, 2019, the Court issued an ORDER FINDING ERNEST BADE
INCOMPETENT TO STAND TRIAL. (ECF No. 105).
Civil Beat Law Center for the Public Interest filed a Motion
in this case seeking to unseal the records the Court relied
upon in declaring Dr. Bade incompetent to stand trial. In
particular, the request is to unseal the Psychiatric
Evaluation by Dr. Gulrajani and three letters from Bade's
treating doctors, attached as Exhibits A, B, and C to
Defendant Bade's Motion for Competency Evaluation filed
on January 31, 2019.
Bade opposed Petitioner's Motion to Unseal.
Government filed a Statement of No. Position. None of
Bade's co-defendants filed any response to
September 17, 2019, the Court held a hearing on
Petitioner's Motion. The Court ordered the Federal Public
Defender to submit his proposed redactions to the sealed
exhibits and the Psychiatric Evaluation for in
camera review. The Court has reviewed the proposed
Motion to Unseal is GRANTED, IN PART, ...