?PURGATORY~g(CAT!FISH)d~DIALOGUE? : IN THE MAGISTRATE COURT OF DEKALB COUNTY STATE OF GEORGIA: Hello Mrs. Gibbs

Monday, November 21, 2016

IN THE MAGISTRATE COURT OF DEKALB COUNTY STATE OF GEORGIA: Hello Mrs. Gibbs

Subject:	Trinity's Time Warp Dance - Court Order For Mental Evaluation: Regarding Competency To Stand Trial
From:	James Avery (jeaverydvm87@att.net)
To:	wgibbs@dekalbcountyga.gov;
Date:	Monday, November 21, 2016 1:53 PM

IN THE MAGISTRATE COURT OF DEKALB COUNTY

STATE OF GEORGIA

DEKALB COUNTY

vs.

JAMES E. AVERY,

DEFENDANT.

CASE NO.

026179-026181,

026695-026696,

027587-027589

027591-027594,

026200,028257,

028302-028304,

028309-028311

Hello Mrs. Gibbs,

1) Regarding this court ordered mental evaluation (enc.), would it be possible for the court providing me with the names of those having questioned my mental competency and the evidence presented?

2) Also the court needs to be informed that my Arkansan family are not even aware, as far as I know, of anything that has transpired here in Atlanta since March of 2014 when I began refusing all contact with my Mother; even though everything (court hearings, progressive hearing loss, acute blindness right eye, relapse of the crystal meths addiction, suspected pituitary 'macroadenoma' mass, available cash) posted up to my blogs. That I would rather they, having had their chance, still be kept out of this considering it will all continued to be posted to my blogs.

3) As far as me being able assisting counsel in locating and examining relevant witnesses, do you have any suggestion as to whom you believe might be relevant witnesses based on what you've heard from me so far? Personally, there are many I would love to have subpoenaed; e.g. James Wagner (see attached photos)would be awesome! Another one would be the retired Magistrate Judge Ayers Gardner who lives just around the corner from me yet I have never met her that I am aware. She continues to believe my sock monkeys hanging by their necks are racially motivated; even though I have explained them to enough people already. There is no excuse except perniciousness and prevarications...congeniality bias!

Enough for this email since I have yet to hear from you regarding what I am to do next since having received this Court Ordered For Mental Evaluation Regarding Competency To Stand Trial?

Sincerely yours,

James E. Avery, D.V.M.

ORDER FOR MENTAL EVALUATION REGARDING:

COMPETENCY TO STAND TRIAL

WHEREAS, the mental competency of the above defendant has been called into question and evidence presented in the matter, and this Court has found that it is appropriate for an evaluation to be conducted at public expense:

It is hereby ordered that the Department of Human Resources (or the Forensic Psychiatry Services) conduct an evaluation of said Defendant, provide treatment of the defendant, if appropriate, and provide this court a report of the diagnosis, prognosis and its findings with respect to:

Competency to Stand Trial: Whether the accused is capable of understanding the nature and object of the proceedings against him; and whether the accused is capable of assisting counsel in his own defense. In determining the ability to assist counsel, the Department of Human Resources is to consider and report on the following factors as put forth by the Georgia Supreme Court in Sims v. State, 2005 WL 1320318 (June 6, 2005):

1. Can the defendant recall and relate facts pertaining to his actions and whereabouts at certain times;

2. Is he able to assist counsel in locating and examining relevant witnesses;

3. Is he able to maintain a consistent defense;

4. Is he able to listen to the testimony of witnesses and inform his lawyer of any distortions or misstatements;

5. Does he have the ability to make simple decisions in response to well-explained alternatives;

6. If necessary to defense strategy, is he capable of testifying in his own defense;

7. To what extent, if any, is his mental condition apt to deteriorate under stress of trial.

IT IS FURTHER ORDERED that the examining facility/personnel shall have access to all past medical records and mental health records of defendant. The examining facility/personnel shall have access to any other pertinent collateral data, including but not limited to collateral interviews with family members.

So ordered this 15th day of November, 2016.

-----rn~.!:- V

The Honorable Matthew McCoyd

Judge, Magistrate Court of DeKalb County