Story Archive

No Win

When Ronald Bergrin appealed federal trial judge Dan Polster’s decision in his prosecution on charges of threatening an FBI agent, there was no question of getting him out of prison: he’d already spent more time in jail pending trial than prosecutors thought he’d get if convicted. And besides, Polster had dismissed the case, ruling that Bergrin wasn’t mentally competent to stand trial. The defendant had “paranoid delusions exacerbated by stress,” Judge Polster said. So Bergrin couldn’t be convicted or sentenced unless a higher court overturned the dismissal — yet that’s just what Bergrin asked the Sixth Circuit to do. You might think that proved he was incompetent to face justice. But the Sixth Circuit found that Bergrin had enough of a stake in being found competent that he was entitled to appeal the dismissal. “The ‘collateral consequences of being adjudged mentally ill’ include potential limits on the right to vote, serve on a jury, obtain a driver’s license, and own a gun,” the court noted. Nevertheless, the court upheld the dismissal, citing “inexplicable, even bizarre letters” Bergrin had sent to the trial court. (AC/AP) ...The real question is why it’s even possible to find a defendant incompetent if he wants a trial.