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February 14, 2004
Judge grants attorneys more time in mailbox bomber case

IOWA CITY, Iowa (AP) _ A federal judge has given government prosecutors more time to seek a competency hearing for the man accused of planting pipe bombs in mailboxes across the Midwest nearly two years ago. Luke Helder, 22, was charged in May 2002 and has pleaded innocent to using a pipe bomb in a crime of violence and destroying property used in interstate commerce _ mailboxes. He faces up to life in prison if convicted. Helder, a former student at the University of Wisconsin-Stout, is being held at the federal Medical Center in Rochester, Minn., where he is undergoing psychiatric testing to determine his ability to stand trial. On Friday, U.S. District Judge Mark Bennett gave federal prosecutors six more weeks to review Helder's most recent medical report and determine whether to agree with findings and recommendations or ask the judge to schedule a competency hearing. The report, prepared by doctors at the medical center, is under seal, court officials said. ``We've had a chance to analyze this, but we think we need to do a little more work before we take a position on it,'' Assistant U.S. Attorney Sean Berry told Bennett during a brief, telephonic hearing Friday. Helder's attorney, public defender Jane Kelly, has filed court papers indicating she plans to use the insanity defense if the case goes to trial. Kelly did not oppose the government's request for more time. Helder, who grew up in Pine Island, Minn., is accused of planting explosives and anti-government notes in as many as 18 rural mailboxes in Illinois, Iowa, Nebraska, Colorado and Texas in May 2002. He became the target of a nationwide manhunt shortly after the first devices exploded, injuring six people. He was eventually captured in Reno, Nev., and returned several days later to Cedar Rapids to face the first set of federal charges in the case. The case has moved slowly since his arrest, in large part so attorneys could get a sense of Helder's mental and emotional status. But Judge Bennett showed signs Friday of impatience with the pace of the case. At one point, he took issue with Berry's request for more time beyond the six weeks allowed Friday to give independent doctors a chance to give a second opinion on Helder's condition. ``You want to second guess your own government experts?'' Bennett asked Berry. ``I don't want to delay this again.'' Prosecutor Rich Murphy said there was no plan to delay the case but said the results of the report ``were different than what most of us had expected.'' Due to the secrecy of Helder's psychiatric report and office rules, prosecutors declined to describe how they would advance their legal case if they rule out a competency hearing. But a legal expert says generally it's rare in such cases for either prosecutors or judges not to call for a hearing. ``When insanity becomes an issue in a case, the court will almost always ask for a competency hearing,'' said Stephanos Bibas, a former federal prosecutor and University of Iowa law professor. ``If a prosecutor didn't request one, any smart judge would order one. Courts are always willing to error on the side of caution in these cases,'' he said. Helder was initially ordered to the federal facility last summer. In September, Bennett gave doctors four more months to complete their evaluation of Helder. If Helder is not fit to assist in his own defense, prosecutors could move to commit him longer term to a federal medical facility that serves the purpose of protecting the public and giving Helder treatment, Bibas said.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

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