Sorry I have Been "Out Of Pocket", But Here Goes: Prosecution Requests Phychiatric Examination Of Rick Pitino's Tormentor, Karen Sypher. Good Move.
Prosecution requests exam of Sypher
By Andrew Wolfson
Federal prosecutors have asked a judge to order a psychiatric examination of Karen Cunagin Sypher to see if she is competent to stand trial on charges of conspiring to extort money from University of Louisville men's basketball coach Rick Pitino.
In a motion filed Friday, Assistant U.S. Attorney John E. Kuhn, Jr. said the “United States has reasonable cause to believe that the defendant may be so mentally incompetent as to be unable to understand the proceedings against her or properly assist in her own defense.”
In another motion, the government asked U.S. District Judge Charles R. Simpson III to bar Sypher from revealing any records, documents or recordings produced by the prosecution.
The motion says Sypher has previously shared her story with the New York Post, Inside Edition and other publications, fueling “both a local and national media frenzy for ever more salacious and scandalous details” and creating a “charged and circus-like atmosphere” surrounding her trial.
Sypher referred questions to her court-appointed attorney, Jim Earhart, who said he hadn't seen either motion and couldn't say if he would oppose them. However, he noted that most of the recent press coverage was based on the release of records by Metro Louisville police pursuant to the Kentucky Open Records Act.
Sypher, 49, is charged with trying to extort money from Pitino in exchange for his silence on her allegations that he raped her twice in 2003. Commonwealth's Attorney Dave Stengel, who reviewed the claims she made to police in June, announced in July that they were void of credibility and supporting evidence and that Pitino would not be prosecuted.
The Courier-Journal reported last week that Pitino told Louisville police that he had consensual sex with Sypher on Aug. 1, 2003, at a Louisville restaurant, but denied her allegations of rape. Sypher later married the team's equipment manager, Tim Sypher, whom she is now divorcing.
Kuhn said there were a “multitude of factors” justifying the request for a competency exam, but he said he was citing them in a separate motion under seal to avoid tainting the jury pool and unduly prejudicing the defendant.
Competency evaluations are usually requested by the defense, but under federal law the prosecution also may request them, lawyers say. Sometimes defense counsel asks the prosecution to make such requests, to avoid alienating their own clients, but Earhart said he didn't ask the government to do so.
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In a prepared statement last week, Pitino's lawyer, Steve Pence, a former federal prosecutor, said: “Ms. Sypher is clearly disturbed and incapable of telling the truth.”
Earhart declined to comment.
Motions for protective orders also are more commonly filed by the defense, the government says in its request. But Kuhn said additional pretrial publicity could jeopardize a fair trial, and that the Justice Department has a duty to “promote fairness and justice in the proceedings.”
Kuhn wrote in the motion that “a short overview of the vigorous publicity efforts by the defendant in this case underscores the dangers of additional publicity and illustrates that the publicity has been sought for no legitimate purpose.”
He noted that news outlets initially would not publish the details of Sypher's allegations because they could not be corroborated and because she had never reported two alleged rapes to police. She finally visited the Metro Police Sex Crimes Squad “after alerting a media outlet of her impending visit so that her trip to police headquarters could be filmed,” he said.
The government's motion also says that soon after Stengel announced that he'd found her claims against Pitino baseless, Sypher provided the discovery produced by the United States in the federal criminal case to WDRB Fox 41.
And Kuhn noted that after Pitino's statement to police was disclosed, “the defendant proffered anew her incredible accounts of a forced sexual encounter, a forced abortion, a marriage coerced by ‘brainwashing' and threats against her children.”
Sypher is also charged with lying to the FBI, for allegedly saying she didn't know who had made calls requesting money from Pitino on her behalf. She has pleaded not guilty to both charges.
Reporter Andrew Wolfson can be reached at (502) 582-7189.
Editor's comment: SMART move on the prosecution side. Karen Sypher sure has "a screw or two loose" -- maybe "screw" is the wrong word to use here!
By Andrew Wolfson
Federal prosecutors have asked a judge to order a psychiatric examination of Karen Cunagin Sypher to see if she is competent to stand trial on charges of conspiring to extort money from University of Louisville men's basketball coach Rick Pitino.
In a motion filed Friday, Assistant U.S. Attorney John E. Kuhn, Jr. said the “United States has reasonable cause to believe that the defendant may be so mentally incompetent as to be unable to understand the proceedings against her or properly assist in her own defense.”
In another motion, the government asked U.S. District Judge Charles R. Simpson III to bar Sypher from revealing any records, documents or recordings produced by the prosecution.
The motion says Sypher has previously shared her story with the New York Post, Inside Edition and other publications, fueling “both a local and national media frenzy for ever more salacious and scandalous details” and creating a “charged and circus-like atmosphere” surrounding her trial.
Sypher referred questions to her court-appointed attorney, Jim Earhart, who said he hadn't seen either motion and couldn't say if he would oppose them. However, he noted that most of the recent press coverage was based on the release of records by Metro Louisville police pursuant to the Kentucky Open Records Act.
Sypher, 49, is charged with trying to extort money from Pitino in exchange for his silence on her allegations that he raped her twice in 2003. Commonwealth's Attorney Dave Stengel, who reviewed the claims she made to police in June, announced in July that they were void of credibility and supporting evidence and that Pitino would not be prosecuted.
The Courier-Journal reported last week that Pitino told Louisville police that he had consensual sex with Sypher on Aug. 1, 2003, at a Louisville restaurant, but denied her allegations of rape. Sypher later married the team's equipment manager, Tim Sypher, whom she is now divorcing.
Kuhn said there were a “multitude of factors” justifying the request for a competency exam, but he said he was citing them in a separate motion under seal to avoid tainting the jury pool and unduly prejudicing the defendant.
Competency evaluations are usually requested by the defense, but under federal law the prosecution also may request them, lawyers say. Sometimes defense counsel asks the prosecution to make such requests, to avoid alienating their own clients, but Earhart said he didn't ask the government to do so.
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In a prepared statement last week, Pitino's lawyer, Steve Pence, a former federal prosecutor, said: “Ms. Sypher is clearly disturbed and incapable of telling the truth.”
Earhart declined to comment.
Motions for protective orders also are more commonly filed by the defense, the government says in its request. But Kuhn said additional pretrial publicity could jeopardize a fair trial, and that the Justice Department has a duty to “promote fairness and justice in the proceedings.”
Kuhn wrote in the motion that “a short overview of the vigorous publicity efforts by the defendant in this case underscores the dangers of additional publicity and illustrates that the publicity has been sought for no legitimate purpose.”
He noted that news outlets initially would not publish the details of Sypher's allegations because they could not be corroborated and because she had never reported two alleged rapes to police. She finally visited the Metro Police Sex Crimes Squad “after alerting a media outlet of her impending visit so that her trip to police headquarters could be filmed,” he said.
The government's motion also says that soon after Stengel announced that he'd found her claims against Pitino baseless, Sypher provided the discovery produced by the United States in the federal criminal case to WDRB Fox 41.
And Kuhn noted that after Pitino's statement to police was disclosed, “the defendant proffered anew her incredible accounts of a forced sexual encounter, a forced abortion, a marriage coerced by ‘brainwashing' and threats against her children.”
Sypher is also charged with lying to the FBI, for allegedly saying she didn't know who had made calls requesting money from Pitino on her behalf. She has pleaded not guilty to both charges.
Reporter Andrew Wolfson can be reached at (502) 582-7189.
Editor's comment: SMART move on the prosecution side. Karen Sypher sure has "a screw or two loose" -- maybe "screw" is the wrong word to use here!
Labels: College sports, Crime, Keeping them honest, Punishment
posted by KYJurisDoctor at 4:28 PM
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