Before the original case started the petitioner and dentist, Charles Thomas Sell, whom had a prior history of mental illness was charged with submitting false insurance claims to receive payments on May 16, 1997. The government then issued a motion for a psychiatric examination of Mr. Sells to determine whether or not he was competent to stand trial. After the evaluation Mr. Sell was ruled to be competent to stand trial but determined that Sells might have a psychotic episode in the future. On November 1997, an indictment was issued to charge Charles Sell and his partner with multiple counts of mail fraud, Medicaid fraud, and money laundering. Approximately six months later Charles Sells and his wife were indicted once more with intimidating