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7/26/2019 Gerome Moore Merged File
1/13
IN
THE CIRCUIT COURT OF
HINDS
COUNTY, MISSISSIPPI
FIRST JUDICIAL DISTRICT
STATE OF MISSISSIPPI
F I L E D
PLAINTIFF
vs.
MAY
26 2 16
Circuit Court
No.:
15-176
GEROME MOORE
ZACK
WALLACE CIRCUIT CLERK
DEFENDANT
MOTION FOR MENTAL EVALUATION
COMES NOW,
the Defendant,
Gerome
Moore, by and through counsel, and
respectfully moves this Court , pursuan t to Miss. Code. Ann., Section 99-13-11 (1972), and
Rule 9.06 of the Miss. Uniform Criminal Rules of Circuit
Court
Practice, to enter an order
for the Defendant, Gerome Moore, to be ordered to submit to a mental examination to be
performed by Dr. Christopher Lott at St. Thomas Hall, St. Dominic Hospital, 969 Lakeland
Dr., Jackson, MS 39216 or the Mississippi State Hosptial, with a copy of the report
thereof
to be furnished to Hinds County Circuit
Court
Judge
Jeff
Weill, the Honorable Aafram
Sellers, attorney for the Defendant, and the Hinds County District Attorney, in support
thereof, would show unto the Court the following to-wit:
I.
Defendant,
Gerome
Moore, was charged
on
or about January 7, 2015 with Capital
Murder. Subsequendy, on February 19, 2015, an indictment was filed in the Circuit Court of
Hinds County charging
Gerome
Moore with Capital Murder.
II.
It
is
alleged that
on or
about
January 7, 2015 the Defendant , being an accessory
before the fact and
therefore deemed a principal, did willfully, unlawfully,
and
feloniously kill
Carolyn Temple, a
human
being, by shooting her in the chest with a .380 pistol.
III.
Case: 25CI1:15-cr-00176-JAW Document #: 20 Filed: 05/26/2016 Page 1 of 4
7/26/2019 Gerome Moore Merged File
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That the Defendant, 17 years old at the time of this incident, appears to have been
under great mental
and
emotional distress at the time
of
this incident and continues to
exhibit the effects of his mental health issues as
he
attempts to discuss the facts
of
this case
with his attorney
and
also claims lack
of
recollection for certain facts. The Defendant
suffers from bipolar disorder,
conduct
disorder, marijuana dependence, alcohol abuse,
ecstasy abuse, parent/child relation problems, and numerous psychological stressors. That
one month prior
to
this alleged incident, this
Defendant
was diagnosed with the foregoing
conditions after being treated
and
examined by the Mississippi State Hospital. Please see
attached as Exhibit A , Letter dated
December
3, 2014 from Mississippi State Hospital.
IV.
That Defendant's Attorney was not
provided
this information until May 17, 2016 by
the Defendant's mother. That
Defendant
failed
to
mention his treatment at the Mississippi
State Hospital
in
previous discussions about this case prior to his mother informing
Attorney Sellers of this information.
v.
The State of Mississippi, pursuant to Lavender
v
State, 378 So.2d 656 (Miss. 1980),
has stated that justice will be best served by a mental examination at the earliest possible date
to resolve any questions of a defendant's mental condition, including but not limited to:
a)
his capacity to
understand
and knowingly, intelligendy and voluntarily waive constitutional
rights;
b)
his competency to
stand
trial;
c)
McNaughton - Rule insanity at the time of
offense; d) whether the offense with which the defendant is charged was committed while
the defendant was
under the
influence
of
extreme mental
or
emotional disturbance;
and
e)
whether
the capacity to appreciate the criminality
of
his
conduct or to conform
his
conduct
to the requirements of the law was substantially impaired. See also
McGinnis v State,
133
So.2d 399. Said Mental examination should consist of a comprehensive evaluation of
Defendant' s personality including a comprehensive battery of psychological test.
Case: 25CI1:15-cr-00176-JAW Document #: 20 Filed: 05/26/2016 Page 2 of 4
7/26/2019 Gerome Moore Merged File
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VI.
The Defendant further request that any and all medical records of the Defendant
pertaining to previous, and if applicable, present, psychiatric or psychological examination or
treatment, be released to Dr. Lott and his staff, upon their request.
WHEREFORE,
THE
ABOVE PREMISES CONSIDERED,
the Defendant
requests the Court to enter an order for the Defendant, Gerome Moore, to be ordered to
submit to a mental examination by the Dr. Christopher Lott
or
the Mississippi State
Hosptial, with a copy
of
the report thereof to the Court, and Honorable Aafram Sellers,
attorney for the Defendant, and the Hinds County District Attorney and to also provide him
any other relief appropriate under the circumstances.
RESPECTFULLY SUBMITTED,
this the 25th day of May, 2016.
SELLERS ASSOCIATES, PLLC
5760 Interstate
55
North, Suite 300
Jackson, Mississippi 39211
Telephone: (601)352-0102
Facsimile: (601)352-0106
CERTIFICATE OF SERVICE
I, Aafram Sellers, attorney for the Defendant, do hereby certify that I have served via
U.S. Mail a true and correct copy
of
the foregoing Motion for Mental valuation to:
Randy Harris, Esq.
Assistant District Attorney
Hinds County District Attorney's Office
P.O. Box 22747
Jackson,
MS
39225-2747
THIS the 25th day of May, 2016.
Y SELLERS
Case: 25CI1:15-cr-00176-JAW Document #: 20 Filed: 05/26/2016 Page 3 of 4
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,
MISSISSIPPI STATE HOSPITA
P.O. BOX 157-A, WHITFIELD, MS 39193 (601) 351-8000
WWW.MSH.STATE.MS
This
information has been disclosed to you from
. .
1
. has been protec.ed.
whose conftdentta
tty
. f h .
December 3, 2014
Statutes/regulations proh1bit you from malong
et
d. I . of
t t
w'Jt out rite specific written consent o f the
1sc osure u d b
Attention: Hinds County Youth Court
Jcrson to whom it perlait;:>.
or
as
otherwtse
pcrmttte y
: .h regtllat't 'ns A
.. enerat
aut.horizution for the
sue
oJ ft t f
r thl
RE: Gerome M Moore
f
d
. l
or
tl'l..er information is not su tclen u .
o me tea
.u .
f H
e
The Federal Rules rest.nct any use o us
purpos . ctlte
nv
. aflv investtgate or -
information to cr1mtn
alcohnl
or drug
patient (42
ern.
Pan 2).
Dear Hinds County Youth Court:
Gerome
M. Moore is a 17 year old
male
who
is
currently receiving treatment at our behavioral unit with medication, structured
therapeutic milieu, individual/group therapy,
and
small self-contained classroom for diagnoses listed below:
AXIS I:
AXIS
II:
AXIS
III:
AXIS IV:
AXISV:
Bipolar, unspecified
Conduct Disorder, adolescent onset
Marijuana Dependence, Alcohol Abuse, Ecstasy Abuse
Parent/Child Relational Problem
none
numerous dental caries, STD treated
Psychological Stressors: chaotic
home,
death ofprima1y caretaker, incarceration of family
members, association with delinquent peers, legal involvement, academic failure,
Mom
was
16
years old when pregnant with Gerome. Severity: extreme
GAF:50
Gerome's treatment team recommends intensive outpatient treatment
in
the fonn
of
MYP
AC
services for both Gerome
and
his
family in order to address identified problems, consolidate gains, and continue with his progress. Gerome reports his goals are
to
obtain
aGED and
become
a chef. ln order
to work on
GED,
Gerome
will need
to work
in short segments of
10-15
minutes then
engage in physical activity for (he prefers basketball)
and
continue with alternating schedule for 2-3 hours initially
with
increase
as
directed by educational staff. t is also important that he
engage
in activities which boost
his
self-esteem
as
academics may not provide this initially. He has
had
numerous stressors
in
his
life
and
will need
a mentor
who
will help him
work towards his goals and
to
help him say no to substances ofabuse and delinquent peers.
Compliance
with
medications and
therapy reviewed
with
client and
family.
Gerome reports understanding the trajectory
if
past behaviors continue and
reports
a desire to change.
Sincerely,
Maria Scarbrough, MD
Child andAdolescent Psychiatrist
A F CIUTY OF THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH
ACCREDITED
BY
THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS
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IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF
HINDS COUNTY, MISSISSIPPI
STATE OF MISSISSIPPI F
I L
E D
GEROME MOORE
JUN
15 2 16
: ZACK WALLACE CIRCUIT
CLERK
L
n c
Y
CAUSE NO.lS 0 176
s
ORDER DENYING DEFENDANT S MOTION FOR MENTAL EVALUATION
THIS COURT, having heard and considered the Defendant's Motion
for
Mental
Evaluation,
and the Court being otherwise fully advised in the premises, finds that the motion
is
not well-taken and should be DENIED, based on the following:
On February 19, 2015, Gerome Moore was indicted for one count of capital murder by
the Hinds County Grand Jury in cause number 15-0-176 and for one, unrelated count
of
armed
carjacking in cause number 15-0-178. He was arraigned in cause numbers 15-0-176 and 15-0-
178 on March 16, 2015, and Aafram Sellers was subsequently appointed to represent the
defendant in this cause
of
action. On February 10,2016, an order was executed by the
undersigned continuing the trial in cause number 15-0-176 to the week of June
6,
2016.
On September 24, 2015, the defendant was indicted by the Hinds County Grand Jury for
one count
of
felony malicious mischief and one count
of
escape in cause number 15-0-897. He
was arraigned on October 28, 2015, and Mr. Sellers was also appointed to represent the
defendant on these charges. On January 27, 2016, an order was executed by the undersigned
setting the trial in cause number 15-0-897 for the week
of
June 6, 2016, however, upon
agreement of counsel, cause number 15-0-897 proceeded to trial during the week of May 16,
1
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2016. The defendant was ultimately found not guilty
of
felony malicious mischief, bu t was
convicted of escape by a jury
of
his peers.
On May 26, 2016, following the trial in cause number 15-0-897, defense counsel filed the
instant Motion
for
Mental Evaluation pursuant to URCCC 9.06 in cause number 15-0-176, which
was scheduled to proceed to trial as a first setting during
on
June 6, 2016. The Court heard the
motion on May 27, 2016, during which time defense counsel argued that a mental examination
was warranted as he had just discovered that the defendant received in-patient, mental health
treatment roughly one month prior to the date
of
incident in cause number 15-0-176 and had
previously been diagnosed with psychological conditions that
may
have affected his mental
capacity at the time of the incident. The undersigned questioned defense counsel about the
defendant's capacity to stand trial, particularly in light
of
the fact that the defendant proceed to
trial in cause number 15-0-897 one week prior to the filing
of
the instant motion, and during that
trial, the defendant was seen conversing with his counsel and further, knowingly and intelligently
waived his right to testify in open court. Defense counsel advised that there was no indication
prior the May 16, 2016, trial that the defendant could not assist with his defense in cause number
15-0-897, and further asserted that the basis
of
the instant motion and the proposed mental
examination would be to assess the
defendant's capacity at the time of the offense-January 7,
2015. The State of Mississippi argued that the motion was untimely and was filed simply to
delay trial in cause number 15-0-176. The State
of
Mississippi supported this argument by
nothing that during his interview with the Jackson Police Department, which was provided to
defense counsel during discovery, the defendant referenced that he took medication for a mental
disorder, therefore his counsel should have been
on
notice of any potential mental health issues
involving his client.
2
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URCCC 9.06 provides that a trial court judge shall order a defendant to submit to a
mental examination if there are reasonable grounds to believe that the defendant is incompetent
to stand trial and the determination of such is within the discretion of the trial court. Parker v
State,
30 So.3d 1222, 1230 (Miss. 2010). The test for competency to stand trial and thereby
whether reasonable grounds exist is 'whether the defendant has sufficient present ability to
consult with his lawyer with a reasonable degree
of
rational understanding and has a rational as
well as factual understanding ofthe proceedings against him. '
d.,
quoting Dunn v State, 693
So.2d 1333, 1340 (Miss. 1970) and Godinez v Moran, 509 U.S. 389 (1993). On review, the
pertinent question is whether 'the trial judge received information which, objectively considered,
should reasonably have raised a doubt about the defendant's competence and alerted him to the
possibility that the defendant could neither understand the proceedings, appreciate their
significance, nor rationally aid his attorney in his defense. Harden
v
State, 59 So.3d 594, 602
(Miss. 2011 ). Based on the information presented to the trial court, as well the personal
observation of the defendant, the Court cannot find that a mental examination is warranted at this
time under URCCC 9.06. As discussed supra, the defendant proceeded to trial in front of the
undersigned one week prior to the filing
of
the instant motion, during which time the
undersigned observed the defendant consult with defense counsel and knowingly and
intelligently waive his right to testify at trial. Additionally throughout the trial, the defendant
appeared attentive and well-groomed. Although the instant motion was filed pursuant to
URCCC 9.06, no argument has been made by defense counsel that the defendant is incompetent
to stand trial in cause number 15-0-176 nor was incompetent to stand trial during the week of
May 16, 2016 in cause number 15-0-897.
3
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Additionally, the mental health record submitted to the trial court does not substantiate
any reasonable grounds indicating that the defendant may currently be incompetent to stand trial.
The only medical record submitted to the trial court for review was a one page report from the
Mississippi State Hospital, dated December 3, 2014, which was attached as Exhibit A to the
instant motion. No recent mental health records nor any records from the Hinds County
Detention Center
1
were submitted to this Court for consideration with the instant motion.
At this time, no information or evidence has been produced to indicate that reasonable
grounds exist which raise a doubt about the defendant's competency to stand trial and his ability
to assist his attorney and aid in his own defense, therefore this Court cannot order a mental
examination pursuant to URCCC 9.06. As defense counsel has questioned the defendant's
mental capacity at time of the offense in cause number 15-0-176, which indicates that he may be
seeking a defense of insanity, this issue is governed by URCCC 9.07, a different rule of court.
2
Accordingly, the denial of the instant motion for mental examination under URCCC 9.06 shall
not preclude defense counsel seeking a defense of insanity under URCCC 9.07, should he choose
to do so, or from filing motions or seeking expert assistance with this or any defense that he may
choose to assert at trial.
IT IS, THEREFORE, HEREBY ORDERED AND ADJUDGED that the Defendant's
Motion for Mental Examination, pursuant to URCCC 9.06, be and the same hereby is DENIED.
SO ORDERED AND ADJUDGED this the 13
1
h
day
of
June, 2016.
1
The Defendant has been incarcerated at the Hinds County Detention Center since January, 2015.
2
The Court notes that at this time, written notice of the intent to offer a defense of insanity has not been filed with
the Clerk, which
is
a requirement under URCCC 9.07.
4
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IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT
OF HINDS COUNTY, MISSISSIPPI
STATE OF MISSISSIPPI
VS CAUSE NO. 15-0-176 JAW
GEROME MOORE
BRIEF RESPONSE TO QUESTION ARISING AS TO INTERROGATION
OF DEFENDANT, GEROME MOORE
COMES NOW, the State of Mississippi, and responds specifically to the issue of the
circumstances surrounding the signing of the Rights Waiver Form in the above styled and
numbered cause. This response does not address the merits of the Defendants Motion to
Suppress any and all statements made. Those issues will be addressed at a Motion to Suppress
Hearing scheduled for May 11, 2016.
Gerome Moore was arrested on January 13, 2015 and brought to the Jackson Police
Department to be questioned. There is a video with audio of the interrogation. The interview
was done by Detectives Jermaine Magee and Rozzario Camel. They appear in the video the
entire time. The video depicts the suspect, Gerome Moore, being advised of his Miranda rights
prior to the beginning of any statements or admissions. As each of his constitutional rights are
made known to him, he is asked to initial on a waiver form in an effort to demonstrate that he
was informed of his rights. Gerome Moore signs his name under the specific rights that he was
given.
Below this is a paragraph which is gone over with Moore as well. This paragraph is
where a suspect waives his rights and agrees to talk with law enforcement. Moore is advised of
this in the video and acknowledges that he understands by signing the waiver form. The waiver
of his rights is now complete.
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What became an issue is that a Detective Daryl Owens name appears on the Rights
Waiver form where an interrogator normally would sign as a witness that the suspect was given
his rights and waived them. For this reason, the State asked Detective Owens and Detective Ella
Thomas, who also worked this case, whether either or both of them interrogated Gerome Moore
after his arrest. These detectives did not interrogate Moore as best they can recall. There are no
other video tapes wherein these detectives pursued a separate interrogation. A true and correct
copy of the Right Waiver Form is attached hereto.
Respectfully submitted
STATE OF MISSISSIPPI
/s/ Randy Harris
Assistant District Attorney
CERTIFICATE OF SERVICE
I, Randy Harris, do hereby certify that I have this day filed this Response through the
MEC which sent a true and correct copy to Hon. Aafram Sellers at [email protected].
This is May 10, 2016.
/s/ Randy Harris
Assistant District Attorney
Case: 25CI1:15-cr-00176-JAW Document #: 16 Filed: 05/10/2016 Page 2 of 2
mailto:[email protected]:[email protected].