Court awaits psych evaluation for stalking suspect
November 6, 2012
District Judge Michael Gibbons continued proceedings Monday for two weeks pending psychological evaluations of convicted stalker and disbarred attorney Michael Meisler.
Gibbons set the 61-year-old’s next hearing for Nov. 19, but said he would try to move up the date if the reports are received from Lake’s Crossing for the Mentally Disordered Offender.
Meisler was sent to the facility in Sparks in September for testing to determine if he is competent to stand trial and can represent himself.
At an earlier hearing, Meisler said he passed bar exams in Florida, the District of Columbia and New Mexico.
Meisler claimed Tuesday that he was examined by two forensic psychologists at Lakes Crossing who said he was competent in both areas.
“Basically, they told me, ‘We’re sending you back. We don’t need you here any longer,'” Meisler said. “They both recognized that I was clearly competent to aid any lawyer and represent myself.”
Meisler said he expected their reports would have been sent to Gibbons, but the judge had not received any information, and delayed proceedings until he can see the evaluations.
Meisler’s stand-by attorney, Kris Brown, said she had not seen the reports or spoken with the psychologists, and requested Gibbons delay proceedings.
Meisler complained to Gibbons that he was being held in isolation in Douglas County Jail and forced to sleep on the floor, aggravating a neck injury.
He filed a motion with the judge asking him to intervene. In the motion, Meisler said he had no contact with anyone during the day, or access to television, and he wanted to watch election news and sports.
“The court is not involved as to the general rules of incarceration,” Gibbons said.
Meisler called his housing “cruel and unusual punishment for someone not convicted of any crime. I’m stuck in a 162-square-foot space with no television and no human contact. I get one hour a day exercise but I’m in isolation for that, too.”
Capt. Joe Duffy, the jail commander, said Meisler was in a holding cell according to jail policy until he is re-classified following his return Friday to Douglas County from Sparks.
He said Meisler was not sleeping on the floor, but had a plastic bed frame and mattress.
Meisler has been incarcerated since his arrest last December on a charge of felony stalking.
He is accused of sending the alleged victim threatening messages and being inside her home without permission.
The criminal complaint alleges that between Nov. 15 and Dec. 14, 2011, Meisler sent multiple letters, text messages, newspaper clippings and other writings, and left messages for the woman in her home and taped to the garage.
The messages said, “Kill me if you can,” “you deserve everything coming to you as a result of your callousness,” “yours was a fatal decision,” according to the criminal complaint.
She testified at a preliminary hearing that she was in fear for her life.
If convicted of a felony, Meisler faces up to 15 years in prison and a $5,000 fine. He also would be eligible for probation, according to court documents.
Meisler was disbarred following felony convictions and prison sentences for stalking in Florida.