United States v. Bergrin

Bergrin’s cousin, Paul, was an infamous defense lawyer, advising clients: “No witness, no case.” Paul was convicted of murdering witnesses, overseeing mortgage fraud and drug trafficking, and violating federal racketeering laws; he was sentenced to life in prison. Bergrin sought revenge and sent an email to Paul’s daughter, saying he was “[l]ess than 1 hour from” Brokos’s home, that he “will be stopping by” the FBI agent in charge of Paul’s case, and that Brokos “will never sleep at night again.” She shared the email. The government charged Bergrin with threatening a federal officer, sending threats in interstate commerce, and cyberstalking. Over the next six months, Bergrin cycled through five sets of lawyers, who disagreed about his competence. The district court referred Bergrin to the Bureau of Prisons for an in-custody evaluation, held a hearing, found Bergrin incompetent, 18 U.S.C. 4241(d), and recommitted him. A second psychiatric report said that Bergrin was competent. During the hearing, Bergrin insisted his attorney was “working ... against” him. The court found that Bergrin was delusional and dismissed the case without prejudice, releasing Bergrin. Bergrin insisted that he “would rather be incarcerated" than declared incompetent. The Sixth Circuit affirmed, after finding that it had jurisdiction. Bergrin remained in custody for 22 months, longer than the court would have sentenced Bergrin had he been convicted. “On this record, it is hard to say who is gaming whom.” View "United States v. Bergrin" on Justia Law