Judge says Cunningham is mentally fit to stand trial
Posted: Friday, June 06, 2008
DES MOINES, Iowa (AP) -- A federal judge ruled Thursday that former CIETC CEO Ramona Cunningham is mentally competent and ordered her to stand trial at the end of this month.
In his order, Judge Robert Pratt said Cunningham understands the charges against her and that she appears to be able to assist in her defense.
"While the defendant does not want to go to trial and has serious anxiety related to the legal proceedings, a lack of desire to help her attorney is different than an inability to do so," Pratt wrote.
Cunningham is accused of being behind a pay scandal at the now-defunct Central Iowa Employment and Training Consortium, a government-funded job training agency. Prosecutors claim that she helped misspend nearly $2 million on executive salaries and bonuses -- including huge payouts to herself. She faces 30 federal charges.
Her attorney, William Kutmus, had claimed that Cunningham is not able to assist in her defense because of her psychiatric problems. A telephone message left for Kutmus wasn't immediately returned.
A spokesman for the U.S. attorneys office said it would be inappropriate to comment on an active case.
Cunningham had not wanted to return to Iowa for the mental competency hearing last month. Instead, she had hoped to remain in Louisiana, where she is undergoing treatment. However, Pratt ruled that it was important for him to view Cunningham's demeanor and he required her to be there.
The judge noted in Thursday's order that Cunningham wore sunglasses during part of the hearing because "she was obviously uncomfortable with the number of people watching the proceedings."
"Her ability to pay attention to the testimony of witnesses and the statements of the court, along with the apparent ability to make her counsel aware of issues that arose during the presentation of evidence, comport with (the government psychiatrist's) finding that the defendant is capable of assisting in her defense," Pratt wrote.
Cunningham's treating psychiatrist, Dr. Scott Zentner, testified by telephone during the hearing that his patient tried to overdose on handfuls of drugs during an October 2007 suicide attempt.
He disagreed with the government psychiatrist's evaluation that Cunningham could assist in her defense. He said she would be overwhelmed by the prosecutors' questions and "want to get it over as soon as possible" regardless of the outcome. He said Cunningham's depression would also make her interactions with her attorney more difficult.
George Seiden, the government's psychiatrist, said Cunningham understands the charges against her and that her level of depression, although significant, wouldn't keep her from assisting in her defense.
Pratt said he found Seiden's arguments more persuasive because they were more tailored to the legal arguments. The judge also noted that Zentner had acknowledged that there is an inherent conflict in serving as Cunningham's treating physician and issuing a competency opinion in her case.
"While Dr. Zentner's status as a treating psychiatrist means he is intimately familiar with the defendant's medical and psychiatric state, his opinion is admittedly colored by his ethical obligations" to do what is in the patient's best interest to help her recover, Pratt said.
Pratt ordered Cunningham's trial to begin on June 30 in Davenport. It is expected to last about two weeks.
Cunningham's co-defendants stood trial in April in Davenport rather than Des Moines because of publicity about the case.
In that trial, jurors convicted Karen Tesdell, a former CIETC treasurer, of all 29 counts against her. Dan Albritton, a former board member, was acquitted of a count of conspiracy, and former Iowa Workforce Development supervisor Jane Barto was found guilty of one count of obstruction but acquitted of a conspiracy charge.
Former CIETC Chairman Archie Brooks and former CIETC Chief Operating Officer John Bargman already have pleaded guilty to various charges in the case.
In his order, Judge Robert Pratt said Cunningham understands the charges against her and that she appears to be able to assist in her defense.
"While the defendant does not want to go to trial and has serious anxiety related to the legal proceedings, a lack of desire to help her attorney is different than an inability to do so," Pratt wrote.
Cunningham is accused of being behind a pay scandal at the now-defunct Central Iowa Employment and Training Consortium, a government-funded job training agency. Prosecutors claim that she helped misspend nearly $2 million on executive salaries and bonuses -- including huge payouts to herself. She faces 30 federal charges.
Her attorney, William Kutmus, had claimed that Cunningham is not able to assist in her defense because of her psychiatric problems. A telephone message left for Kutmus wasn't immediately returned.
A spokesman for the U.S. attorneys office said it would be inappropriate to comment on an active case.
Cunningham had not wanted to return to Iowa for the mental competency hearing last month. Instead, she had hoped to remain in Louisiana, where she is undergoing treatment. However, Pratt ruled that it was important for him to view Cunningham's demeanor and he required her to be there.
The judge noted in Thursday's order that Cunningham wore sunglasses during part of the hearing because "she was obviously uncomfortable with the number of people watching the proceedings."
"Her ability to pay attention to the testimony of witnesses and the statements of the court, along with the apparent ability to make her counsel aware of issues that arose during the presentation of evidence, comport with (the government psychiatrist's) finding that the defendant is capable of assisting in her defense," Pratt wrote.
Cunningham's treating psychiatrist, Dr. Scott Zentner, testified by telephone during the hearing that his patient tried to overdose on handfuls of drugs during an October 2007 suicide attempt.
He disagreed with the government psychiatrist's evaluation that Cunningham could assist in her defense. He said she would be overwhelmed by the prosecutors' questions and "want to get it over as soon as possible" regardless of the outcome. He said Cunningham's depression would also make her interactions with her attorney more difficult.
George Seiden, the government's psychiatrist, said Cunningham understands the charges against her and that her level of depression, although significant, wouldn't keep her from assisting in her defense.
Pratt said he found Seiden's arguments more persuasive because they were more tailored to the legal arguments. The judge also noted that Zentner had acknowledged that there is an inherent conflict in serving as Cunningham's treating physician and issuing a competency opinion in her case.
"While Dr. Zentner's status as a treating psychiatrist means he is intimately familiar with the defendant's medical and psychiatric state, his opinion is admittedly colored by his ethical obligations" to do what is in the patient's best interest to help her recover, Pratt said.
Pratt ordered Cunningham's trial to begin on June 30 in Davenport. It is expected to last about two weeks.
Cunningham's co-defendants stood trial in April in Davenport rather than Des Moines because of publicity about the case.
In that trial, jurors convicted Karen Tesdell, a former CIETC treasurer, of all 29 counts against her. Dan Albritton, a former board member, was acquitted of a count of conspiracy, and former Iowa Workforce Development supervisor Jane Barto was found guilty of one count of obstruction but acquitted of a conspiracy charge.
Former CIETC Chairman Archie Brooks and former CIETC Chief Operating Officer John Bargman already have pleaded guilty to various charges in the case.
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