KOSRAE STATE COURT TRIAL DIVISION
Cite as Kosrae v. Charley, 13 FSM Intrm. 214 (Kos. S. Ct. Tr. 2005).

[13 FSM Intrm. 214]

STATE OF KOSRAE,

Plaintiff,

vs.

HARRY M. CHARLEY,

Defendant.

 CRIMINAL CASE NO. 14-05

ORDER ON EXPERT WITNESS: DR. RENEAU KENNEDY

Aliksa B. Aliksa

Associate Justice

Decided: April 21, 2005

APPEARANCES:

For the Plaintiff:  J.D. Lee, Esq.

                                Acting Attorney General

                                Office of the Kosrae Attorney General

                                P.O. Box 870

                                Tofol, Kosrae   FM   96944

For the Defendant:   Harry A. Seymour, Esq.

                                      Office of the Public Defender

                                      P.O. Box 245

                                      Tofol, Kosrae   FM   96944

* * * *

HEADNOTE

Criminal Law and Procedure; Insanity; Evidence; Expert Opinion

     The court may appoint an expert witness to assist both the state and the defendant in evaluating a criminal defendantís mental condition. Kosrae v. Charley, 13 FSM Intrm. 214, 215 (Kos. S. Ct. Tr. 2005).

* * * *

COURTíS OPINION

ALIKSA B. ALIKSA, Associate Justice:

     Plaintiff filed a Motion for Court Appointed Expert on April 13, 2005. Defendant filed an Opposition to the Motion. The Motion was heard on April 20, 2005. J.D. Lee, Acting Attorney General, appeared for the Plaintiff. Defendant was represented by Harry Seymour, Public Defender. Dr. Kennedy testified at the hearing.

[13 FSM Intrm. 215]

     Plaintiff seeks to have a Dr. Reneau Kennedy appointed as a Court Appointed Expert pursuant to Kos. Evid. R. 706, which allows for the court to appoint expert witnesses. Dr. Kennedy is currently present on Kosrae, pursuant to arrangements made by the Defendant, through the FSM National Government, Department of Health, Education and Social Affairs.

     Dr. Kennedy testified that she was retained for the purpose of conducting an evaluation of the Defendantís mental health and mental condition. Since her arrival on Kosrae, Dr. Kennedy has been provided assistance by both the State and the Defendant. Following Dr. Kennedyís testimony, at the hearing, the Defendant agreed to provide the State access to Dr. Kennedy for the purpose of psychiatric evaluation of the Defendant. Accordingly, Dr. Kennedy shall be available to assist both parties during her stay in Kosrae, regarding the psychiatric evaluation and opinion of the Defendantís mental state or mental condition. All written reports completed by Dr. Kennedy regarding her evaluation and opinion of the Defendantís mental state or mental condition shall be provided to both parties at the same time.

* * * *