may 4 09 evaluation of aafia siddiqui finding her competent

8/14/2019 May 4 09 evaluation of Aafia Siddiqui finding her competent

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FOrZeNSIC UPDATE

NAME: iddiqui, Aafia REG NO, 0279-054 DATE: May 4,2009IDENTIlilCATION AND REASON FOR R E F E W

Ms. Aafia Siddiqui is 37-year+Id female of Middle Eastem decent firom Karbchi, Pakistan Shewas scnt to the F c d d Medical Cmtm WC), arswell, by the United Statts District Court,Southern Distri~t f New Yo&, pursuant to Title 18, U.S.C. 5 4241@) with questions rtgardingher competence to stand hid. Ms. Siddiqui is chimed with Attempted Murdcrof O f f i q andEmployeesof the Unihd States, Attempted Murder of United States Nationals, Arm& Assault ofUnited States Officefsa d mployo6s,Discharge of a Firearm During a Crime of a Violence, andthree counts of Assault of Umtul States Officers and Employees. .

An initial report was subrni#ad to Lht Court on Novcmbcr 6,2008, which opined hatMs. iddiqui was not competent to stand trial. She was diagnosed with Major DeprassivcDisorda, Severe With Mood Coagnrent Psychotic Features based on her b;prasbivesymptomology, her disinter& in participating in activities,and her self-report of appetite, sleep,and concentration difficulties. Tbc specifier of Mood C h q p N e n tPsychotic Feature8 was addeddue to her reports of allegedhdlucbtians of seeing her childnn. Th e November 6,2008, reportalso took into account the reports given by her attorneys that Ms. Siddiqui was likely heldhostage from 2003 until 2008 and was tortured, m c d y abused, and beaten routinely. It was

.opined hat more infxmation was nbedcd to mdcrstand h a psychoIogica1 responst to thisalleged trauma and a rule out of Pos tbwWic Sttese Disorder was given.

Prior to the nitial interview, the nature aid purpose of this Courl-orderod evaluation wasexplained to Ms. Siddiqui. She was inhrmcd tbat &ring the wme of this evaluation, the usualconditions of coxifidentially whicbapply to a doctor-patient relationship would mtexbt Shewas informed any nformation obtained dwing the course of interuiews, testing aad observationwould be subject to inchrsion in a report which would be submitted to tha Court and bothattorneys. Ms. Siddiqui indicated an w k s & d i i g ft& warning and agreed to proceed withthe evaluation.

EVALUATION PROCEDURES:

During the course o f this a v f i o n , Ms. Siddiqui was W i c w e d by Let& Powers, PhD.,Forensic Psychologist. Other members of the Grarsic team, as well as ccmctional and medicalstaff, had the opportunity o obeerve hez behavior during ?hecow= of this evaluation Theircomments and ob~a t ions ere wddcred prior to the prcpar&n of his repod.

For he Novembe? 6,2008, report to the Court, cullatcral datsbad been requestad 6rom both thedefense and prosecution in this case; bowever, the data received was minimal. Since that time, agreat deal of nformation has been received. For this report, all priof i n f o d n was reviewed.as well as the following additional rtcordb:


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Electronic Videos h m he Metropolitan Detention Center (MIX), Brooklyn, datedSeptember 9,2008 and October 1,2008 .Scheduliing Order, dated April 28,2009 (2 pages)Afghan Prtss . C o n f m c e PoOtagc, no date givenPicture Evidemc of Items Presumably Poimd on the Defendant's pason, no date givenTelephone call h m efendant to to rother, Muhammad Siddiqui, August 28,2008Clinical Enwu.ntcl Notes, d a . ugust 4,2008 ta September 2 5 2008Log Book Records h m DC Brogklyq dated f b m August 8,2008 to September 15,2008 (approxjmately 300 pages)Detention Orders i b n MDC Brookjp, dated August 5,2008 (2 pages)Memorandum for Assignmcot of Management Intcrest Gtoup, dated August 5,2008Sealed Complaint, dated July 31,2008 (1 page)SpecialHousing Unit Record Reviews, dated from August 7,2008 to August 8,2008(22 pages)

Telephone Language fanscription for a call from Aaba ~ihaiqui'to ex brother,Muhamxuad Siddiqui, dated August 29,2008 (14 pages)Telephone Language T d p t i f m or a call fram.Ma.SiWqui toher brother,Muhammad Siddiqw, no date given (9 pages)

Telephone m p a g e Transcription-for a calldior~~hfia i&liqui to h a ro2ha,~uh-ad Siddiqui, October 4,2008 (1 l pages)Telephone Language Transcription 6 r a call from M a iddiqui to her brother,Muhammad Siddiqui, October 9,2008 (12 pages)Telephone Language Transcription for a call &om Aafia Siddiqui o her bmther,Muhamnad Siddiqui, no date given (8 pages)Telephone Language Transcription fbr a call frim Aafia Siddiqui to her brother,Muhammad Siddiqui, no dae given (9 pages)Tclephone Language Ttanscription for a call fiom Aafia Siddiqui to Asif Hussain,Representative h n he Pakistan Embassy, October 23,2008 (1 8 pages)Telephone Language Transuiption for a call &om Aafia Siddiqui to her broth,Muhammad Siddiqui, October 23,2008 (12 pages)Telephone Language Tfansdption for a call fiom Aafia Siddiqui to her brother,Muhammad Siddiqui, October 31,2008 (6 pages)Telephone Language Transcription for a call from Aafia Siddiqui to her brother,Muhammad Siddiqui, November 4,2008 (9 pages)


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PACE 3

Telephone Language Transcription for a call from Aafia Siddiqui to ha brother,Muhammad Siddiqui, no date &en (7 pages)Telephone Language Tramription for a call from Aafia Siddiqui to her brother,Muhammad Siddiqui, November 17,2008 (11pages)Telephone Language Tnmaiption for a call l%om Aafia Siddiqui to her brother.Muhammad Siddiqui, no date given (6 pages)Telephone Language Transcription fm a call fiom M a iddiqui to her brother,Muhammad Siddiqui, no date given (5 pages)Telephone language Tmmciiption for a call froin A&a Siddiqui to her bother,Muhammad'Siddiqui, December 17,2008(1 l p a p )Telephone Language Transcription for a call Srom Aa6a Siddiqui to her brother,Muhammad Siddiqui, no date given (9 pages)Telephone Language Transcription for a call irom Aalb Siddiqui to AsifHussain,Representative from the PakistantsnI?mbassy, anuary 26,2009 (1 7 pages)FBI Laboratory Rcport of Examhation, dated September 2,2008 (3 pages)FBI Laboratory Report of ExaSnation, dated August 22,2008 (2 pages)FBI Document "Transfer of Evidenca," dated August 1,2008 (2 pages)Craig Hospital Medical Rmrds, dated July 2008 (23 pages)Inmate Tajury Assessment and Follow-up, dated September 10,2008 (1 page)Documents ecovered Barn Aafia Siddiqui's thumb drive (47 pages)Academic Transcript h n assachusetts Institute of Technology, dated February 3,2009

(1 page)Academic Traascript from 33randeis univetsig dated ~ebruafy,2009 (2 pages)Financial Affidavit, dated August 5,2008 (1 page)Draf? Transcript of Use of Force, dated September 9,2008 (20 pages)Letter to Warden Chapman, no date given (2 pages)htter written by CWetopher L. Lavigne to The Honorable Judge Baman, chidSep ernbcr 1 , 2008 (2 pages)Letterwritten by Elizabeth M. Fidk to The Honorable Judge Berman, dated Septemtru 16,2008 4 pages)Letter written by Christopher L. avigne to The Hamable Judge Berman, dated .September 19,2008 (6 ages)Letter written by Elizabeth M.Frnk to The Honorable Judge Bennazl, dated September 23,

2008 (2 pa%=)Letter written by Elizabeth M Fink lo The Honorable Judge Btrman, dated September 22,2008 (4 pages)Letter written by Christopher L avigne to The Honorable Judge Beaman, datedSeptembn 30,2008 2 pages)Letter written by Antunia Cedronc, Ph.D. to Elizabeth Fink, dated September 2,2008(2 pages)


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order, dated October 2,2008 1 page)A ~ s t r a t i v e rder, dated October 6,2008 1 page)Administrative Ordm, dated November 17,2008 (1 page)Limited Unsealing Order, dated November 19,2008 2 pages)lncidentReports, dated Septtmbez9,2008 (5 pages)ProtectiveOrder, dated W h 2,2009 (4 pages)'Documentation ofinteractionwi& Defendantwritten by V. Tctterton, PhD., StaffPsychologist,dated February 26,2009 1 pap )Documentationof interactionwithDefendantwritten by T. na , Ph.D.,Fmensic

Psycholo$st, dated k h 2,2009 (1 page)Reproductionof Seen Actions.. a publication written by Aafia Siddiqui,dated August 5,2002 (17 pages)Separating the Components of Imitatiou, a dissertation written by Aafia Siddiqui,datedFebruary 200 (304 pages)Federal Bureau of Investigation Reports, dated h m uly 26,2008 to August 8, 2008 (453pages)Federal Bureau of Investigation Reports, dated from July 26,2008 to July 28,2008(3 pages)Fcderal Bureau of InvestigationReports, dated ftom August 4,2008 to September 7,2008(20 pages)Federal Bureau of InvestigationReport, dated July 28,2002 (2 pages)

Federal Bureau of 1nveptigat)onReports, dated b m priI-16,2W3-trMay 1,2003(4 pages)Federal Bureau of IavestigationReports- Hospital Security Log, ated August 5,2008(1 8 pages)Letter written to DawnM. ardi bra DavidM n , ated March 18; 2QO9 3 pages)Letter written to DawnM Cadi from DavidR d i u , dated M a s h 26,2009 (3 pages)M e r written to Dawn M. ardi fmmDavidRasldn, dated April 23,2009 (4 pages)Letter written to Dawn N Cardi fiom DavidRasMn, dated April 28,2009 (2 pages)Letter written to DawnM. Cadi ficnn DavidReskin, dated May 4,2009 (2 ages)Court T~msmipts,ated August 5,2008 (22 ages)Court Transcripts, dated August 11,2008 (15 pages)Court Transcripts, dated September4,2008 (39 ages)Court Tranecripts, dated S e p b d m 23,2008 (32 ages)Court Transcripts, dated Nwcmber 19,2008 (28 pages)Court Transcripts, dated December 17,2008 ( I 1 pages)Court 'Ihmaipts, dated Febnmy 23,2009 (9 pages)Th e medicalreco~dsenerated durjng the course of Ms. iddiqui'a evaluation atFMC Carswell


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COURSE OF EVALUATION:

When Ms. iddiqui fkst arrived at FMC Carswell on October 2,2008, she was placed on a medicalunit for three days before being placed on the Mental Health Inpatient (MI) Unit, as k tandardpractice for defendants uudesgoing Court-ordered evaluations. During the first two montbs atFMC Carswell, Ms Siddiqui spent most of her time h er room and s o c i a . ith staff and otherinmates on a minimal basis. Although quiet, she has shown an ncrease in inqef80nal interactionwith others since that time but still spends the majority of her time in her room reading the Qur'anand praying. She is mostly nded to socializewith lower functioning inmates and in one case, shebas been appointed by the Religious Services staff as a meator fior a low-WOning inmate who isinterested in converting to Islam. She has been observed to be d#ing in tht common reas of theunit reading the Qur'an with this irrctividud, and has helped h a n other areas such as leamirig tosecure her Hijab, During the last fm months, Ms. Siddiqui has refirsed to attend monthly teammeetings where individuals sent for fi>rensic v a l u a W am provided the opportunity to meet withthe members of their treatment team She has also r e b e d to attend her appointments inPsychology, stating, '7 don't care if I get written up. I aq ot coming."

Many attempts have been made to speak with Ms. Siddiqui by this Forensic examiner several timesper week throughout the cxambtion paiod For the first few rnanths,.thae attutlpts were metwith polite refusat However, duriag the last month, he has begun o be mom fmeful towardsthese requests. For hstaucc, durlng my last atteraptlb s p d t with her on April 29,2008, shestated, "I am not talking to you and I want you to leave me alone." When I began t&ng to 'her?

sbeprdizd to leave the room and-put ha fingers-irr her ears. She ha8, howtvcr, rcqueste&to-.' speak with same of the staff members in tbc mental health departma and seems to have. established an exceptionally good rapport with two of than. Most of her conversations with these

'

staff members nv olve around ha political ideas and the belief that these ndividuals have someability to use their positional authority to communicate er ideas to members of the Unitcd St&Govtnunent. While these political ideas are catainty radical at times, they do not appear to beirrational or delusional in nahur: and sbosrld be viewed in ight of h a xtrcmist political motives.The content of her political views are o h aced with anti-Semitic themes and her belief that theUnitad States is playfng a negative role in the impruvement of worid relations. The contents of her 'handbag when captured, the documents obtained h t n her computer thumb drive, and her pastinkrpcrsonal associations indicate that ha political viewsbave been a significant focus of her lifefor some time. . .As reported in the November 2008 report, Ms. iddiqui has made some tatements regarding herbelief that she has seen her childten on Unit MI. The first time s h e made this statement, she raisedher hand and announced t to everyone at a community meetin8 that was filled with staff membcrsand other Unit M1 nmates. At the timq staff noted it'to be an odd method of relaying O d h f o ~ o nfrom an ndividual that hardly uttas a word to anyonc Several weeks later, she gathered some of


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the nursing staff togetha to ask than if they could m g e or her children to visit bet during theday because they wwc keeping her up at night. Because of this, nursing staff were asked to noteher sleeping habits during the night and include this nfbrmationin daily momiag reportsthroughout the evaluation. Consistently, both nursing and corrw:tionaI staff have notedMs. Siddiquisleeps through the night.

Ms. Siddiquiha s also made ome complaints regardingher beliefthat some staff rnambers andinmates are trying to h a m her in some way. She wrote a list of individuals ranging &om nursingstaff to an institution dentist that she believed were conspiring against her and gave t to an oficer.~ & yf these individuals were interviewedand asked if they had any insight into why

.Ms. iddiquihad included them in her note. In some cases, they had been involvedin adisagreement with Ms. Siddiqui or had not given intoh a demands. For instance, Ms. Siddiquiorigin* responded fivorablyto a Special Investigative Services officer and a s b d if she coulduse he staff telephone to call her brother. When he was told she needed to use the inmatetelephone, she told him he was J d s h and she no longer rusted him. She also maintained that herfood was being poisoned, and accommodationswere made to o f b her the same tray as tht rest ofthe G a t e s rather than a commonfare tray given to those of the Muslim Gth.

II

To rule out a diagnosisof PTSD, Ms, iddiquiwas offered smices by a psychologistwho.specializes n trauma and abuse. I W g he initial session, Ms. iddiqd nported no desire fortrtahnen t butwanted the6erapist taknow she was d d . Wen probed .fiulther, she reported shewas dead because she had been shot and had to be muscitated. Two more contacts were initiated

by. his psychologist butMsrSiddiqui politely ftfbed-to p a r t i c i p a t o o ~ h ccasion. iMENTAL STATUS: IMs. iddiqui is a 37-yearsld, Pekistani female ofpetite build who appears her chronologicalage.Her hygiene and grooming throughout.tbe valuation peribd were adequate. Despite numerousattempts, she refises to participate in any formalinterviewswith this e d ; owever, shespecifically reqwts to speak with othermembers of the Psychology stafZ including anotherforensic psychologist Her eye contact was poor during the last evaluation period but has improvedconsiderably over he last fcw months. When she first anived, she reported visions of er childrenbut hese reports havedecreased considerably, During the course of th i s evaluation, she hasdisplayed an appmpriak m g c of emotions hat are congruent to the situation or topics beingdiscussed. She has been observed on the unit to be d l i i nd laughing with other inmates andwith a select few stafFmanbers. She denied current suicidal or homicidal ideatian.

DISCUSSION OF MENTAL HEALTH ISSUES: IAs previously stated, the coll~tcralnfomatian received fbr tha November 2008 report o the Court.was minimal and largelycansistcd of informtion provided by h~ attameys who are no longerassigned to d e W Ms. Sddiqui in Mis case. According to her attorneys at the time, Ms. Siwqui


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had likely been taken into custody by foreign Nilitmy Intelligmce, and was routinely torhu-ed,sexually abused, and beat= from approximately 2003 until 2008. In addition, her attomysreported a strong likelihood that her children were also held captive with her and that thewhereabouts of her two punger childrem were unknown. In the Novembejt 2008 report, it wasnotad Ms. iddiqui pssenlcd with psychotic symptoms that included visual hailucinatians such asseeing her children in the middle of the night aud the belief that staff and inmates were gokg tobarn, her. .She also described some odd bcliefa, such as the btlief that she was dead as a result of"dark angc1s"that had S U c d ha. Thesc syxnptom were atypical but wuld have possibly beemexplained in light of a t r a d e experience as a prisoner of war who not only &ered unspeakableabuse and torture, but was also made to watch the abuse and possibly the death of ber ownchildren.

Since the last report,.collateraI nfomation was miewed that clarifies same of Ms. Siddiqui'swhereabouts from 2003 until her arrest for the instant offense n 2008. Ms. Siddiqui gave some

\indication of her whereabouts during this time when she was nterviewed by he FBL In 2005, shereported living with tbe KhawMa family and working at the Karachi Institute of Technology. In theWinter of 2007, she rcported an attempt to look for her husband n Afghanistari and staying inQuetta 'Mohammad Amjad Khan, Ms. Siddiqui's ex-husband, reported seeingeither Ms. Siddiqui or their children on several d o n s n 2003,2004, and 2005. In July 2008.Mr. Khan claims to have seen his daughtcrMiriam in the care of the Siddiqui =ly even thoughMs. Siddiqui has stated that Ber b g h t e r is missing aod is lkdy dead. W l i i T i ~ccountsf hertime are incomplete, her statements and other hcts gathered seem to corroborate tbat she was not

held captivefrom 2003 untiS-ZQ0tk

Muhammad Siddiqui reported his sister did not have a hisbry of psfihiatric problems that he wasaware of and no records were p n s M o this exammcr that indicated athembe. The hospitalsecurity log kept at Bagram, Air Force Base after she was taken into custody on July 18,2008,noted Ms. Siddiqui was alert and goal oriented as h e maintained her daily hygiene, continued herdaily prayers and Qut'sn mdbgs, and atc adequately. During this t h e , she was interviewed atlength for several days by tbe FBI and no significant mental health concerns w a e observed.

On August 4,2008, she was transportad to the United Statcs on a 20 hour flight and wasaccompanied by FBI agents. When these agents wore InWewed fior the purposes of this forensicevaluation, they both reported Ms. Siddiqui showed no signs of psychosis or psy~hologicaldistress. Ms. Siddiqui was noted to be fully oriented and talkative throughout the trip. When shefirst arrived at the MDC Bmok1y9 her intake sonening did not reveal any signs of a psychiatricillness, Her mental status exam states she was alert and oriented with a goal directed thoughtprocess and normal thought content.


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During her stay at MDC Brooktyn, a log book was completed by correctional staff who wereassigned to watch Ms iddiqui around the clock This log book was reviewed for signs of mentalhealth issues and showed that on August 22,2008, Ms. Siddiqui admitted to mild dqnessivtsymptoms "related to the gravity-of er legal difficulties." The og book also shows that she was

. teacful during this time and reported being womed about her son. She did make an unusual, statement about wanting to save her lunch meat h m er tray to give to her son.

. .

On Augusf 29,2008, Psychology 8eivices was alerted that Ms. iddiqui was refusing to eat. Inboth a telephone conversation to her brother, Mohanunad and during convcrsatfons with medicalstaff, she reported significant distress over the whenabouts of er son. However, fter her brotherMuhammad told her that her son was being c a d or by hcr sister Fauzia, she began eating andreports of psychologicaldist.nss decreased

On September 2,2008, Ma Siddiqui reported to a medical staffmtmber that she was depressedand anxious and her sleep was poor. She also stated she had seen her daughter in her 4 1 . At notime was Ms. Siddiqui noted in the log book to be attending to any Gxtanal stimuli that would beindicative of someone experiencing a visual hallucination. Further, artview of the log bookrevealed Ms. Siddiui was asleep from 1038 p ~ n .n Scptcmber 1,2008 d l :36 am. n ,September 2,2008. Additionally, she was reported to have fallen asleep again from 7:05 am. ntili2:00 p.m. on September 2,2008. This constitute6 a combined total of 11 hours of leep. Duringthis time, she also look care of her basic hygiene and was reported to be eating akqwtely. .in hefollowing days, Ms. Siddiqui was reported in clinical encounters to say shewas "fine" and was inno apparent distress.

Based on the limited collateral data available during the Novanba 2008 report to the Court, it wassuggested that if Ms. Siddiqui had been held captive as a political prisoner in the past, her beingrequired to submit to strip searches and b undergo a Use of Force procedure could possibly resultin a "retraumatizing" event. Thus, this was offered as a possiile c~cplanation or her un-psychologicalpresentatioa Tbe Use of Force pmcedurt involved Ftderai Bureau of risonsofficers at MDC Brooklyn who utilized the Federal Bunau of Prismss Use of Force policy in ordato conduct a medical mIuation of Ms. iddiqui. This policydictates that a video camera be usedduring this process. Ms. Siddiqui has explained in great detail xmmy times dming her evaluationthat the officers were "dark angels'' who came in and "killed ha with the camera" However, aftermore information regarding her exparience at MDC Brooklyn has become availabla, the Use of

Force procedure andthe

strip semh donot

appear to behe

traumatic experience originallyreported by her attorneys. Her first strip search on ecord occurred on August 7,2008. There wasno change noted in log boob rcgadhg h a mental statue iarmediately after this strip searchThroughout that day, she was reported to be eating and sleeping adequately, with no signs ofdistress noted. A Clinical Encounter note dated August 9,2008, did not indicate any psychologicaldistress.


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occasions since the Usc of Force occwrcd. One day, I cntered her mom unannounced and notedshe was sittingon her bed reading the Qur'an. Whea I remarkad that I was sorry I was intmptingher reading, she insisted she wuld not read and was only "looking at the text." As previouslynoted, when a low-functioning inmate expressed an i n t m e d in her religious beliefs, she wasobserved sitting with this inmateand reading to her fiom he Qur'an. She has also been noted tobe reading newspapers and Wing notes as she ead.

A conversation initiated by Ms. Siddiqui with one of the social work staff at FMC C m e U spokeof a possible reason for her strong opposition to the strip searchprocedure. She reported she felt :she could be of assistance in peace negotiations with the Taliban because they know she is a goodMuslim woman" and her ''refisal b submit peacefully to the strip search procedure has btcnreported in media in her country and has helped her reputation with her people."

A review of her telephone calls to her brother reveal an vested interest for Ms. Siddiqui to makesure certain asp- of her case were reported to the media, and sht made several attempts toportray her experience as significantlyworse than it actually waa when she spoke.with thePakistani Consulate, h i 1 1 8 January 26,2009. conversation with AsifHaspain, a Representativefiom the Pakistan Embassy, he clearly attempted to portray hef treatment at FMC Carswell asrestrictive and cruel. She stated, 'You peopk [the'Patdstsn E m b i ~ y ]eave me here to die and bebeaten and not talk to me!' When Mr. Hussain attempted to give Ms. Siddiqui his telephonenumberso that she could cdl him, she-refused o take thc number;-irnp1yingtb;rt'thie taff atFMC Carswellwould not assist her in making a telephone call, She tated, 'Wo, they won't [helpme with the telephone call] m e .& not have any rights here. You hamtcnmdmtand. Theydo whatever they feel like and I can't argue. I can't."

DISCUSSION OF COMPETENCY

In the November 2008 repoit to the Court, it was noted that Ms. Siddiqui stated the Court hadalready sentenced hex to death and kiIled her m she does not believe she will be going back oCourt for any additional hearings. Howcvst, a review of her conversations with her brother,Muhammad, indicates she has a better undex~tanclbg f the Courtprocess than she reveals to thisexaminer. The followingstatemats fiom the telephone transctipts were n~tewoahy:

August 29,2008 - "There are Pakistani logal groups. There is a doctor who is president of thePakistani Icgal forum. They can get me lawyer. T h y are out of New York Can you convey thisto the consulate because I can't call them?"

October 4,2008 - "Even f you get the best attorney id the world and even if 1' could prove all thisis false. All of it. It can be p r o m but it won't worlr. Brother,you don't undastand the sys&a.. Idon't believe their system anymore at all. I can't I have seen t First 1had belief when I came. I


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was very optimistic because I knew it was all wrong. Now am not optimistic at all... If hey wantto give me a sentence br life imprisonment, do whatever, send me to some nasty place, they cantry doing that whatever they want."

October 9,2008- "Ilk s all blutfbceousc they had ust committed au nternationid be. . heyare going to get together to defend the'u soldiers. There s no way on earth that I am going [sio] getout of here." Sh e also added, "Now we have to prove that this whole thing, the whole drama of mecoming here, is against intGmational law."

Based on the collateral evidencereviewed for this nport, Ms. Siddiqui has onIy attended onehearing on her case since she has been in the United States. Tbis appcmace occurred on August 5,2008, and she was able to display appropriate behavior during the Court proceedings. In fact, sheacknowledged her undcrstandiag many imes. Ia my opinion, her n&al to participate in her legaldefense or to communicate with her attorneys is not indicative of a mental disease or defect thatresults in her inability to be a competent defendant. Ratha, it is a volitional decision made byMs. iddiqui.

DIAGNOSIS A N DDISCUSSION

Axis I: V65.2 Malingerin8

Axis II: No Diagnosis on Axis II

Axis m: None

Axis TV: Pending Qidaal Trial

A x i s V: Current Global As6~ssme3lt Functioning-

80

Zn the November 2008 report to th t Court, Ms, iadiqd was diagnosed with Major DepressiveDisorder, Severe with Mood-Congruent Psychotic Features. This was based on hm initial repoIts ofalleged hallucinations of her children and supporlcd by the possibility tbat these alleged

, hallucinations may be the product of a traumatic apericncc ae a political prisoner. However, afternew oollateral data was reviewad, her report of se&q all+ hallucjnalions of her cbildrca are

contradictedby cvidenw. When

shereported these alleged

h u l l u c ~ ~ n st

MDCBmklyn, the og .

book does not indicate she was attonding to any external stimuli w axhibiting unusual behavior tosupport her claims. At FMCCarswell, she eports seeing her obilldnn at night and that her chilchnare keeping her up all mght but regular nightly munds by nursing and correctional staff have shownher to be wnsistently sleeping through the night.


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In the absence of any collateraldocumentsconcerningher mental health history, the diagnosisofMajor DepressiveDisorderin the Novembea2008 report was based on her depressivesymptomology,her disinterestin participating in activities,and her self-report ofappetite, sleep,andconcentration difficulties. After nearly six months ofobservationmd review of the extensivecallatera1 evidencethat has since been made availableto me, it is myopinion that Ms. Siddiqui'sresponsewhen she irst arrived was due, in part, to a normal rcaction to facing aimhal prosecutionand incarceration Initially, sheshowed little, if any, psychologicaldistress for the first two monthsin United Statescustody, despitehavingbeenmonitored on a continualbasis at both BagrarhAir Force Baseand MDC Brooklyn and intcrvitwed exteazivelyfbr haurs at a time by anFBI nvestigator. Whenshe did rcport experiencingsadnesa and t e s s , Ms. Siddiqui statedit was 'related to the gravityofher legal difficulties." Over time, she has been noted to be teadidand to present with dysthymic affect in situationallyappropriate times but not outside the realm of anormal adjustment to a new situation.

In the November2008 report, a diagnosisof Posttraumatic Stress Disorder was o f f e d as a rule outto be considerodas more informationbecameavailableand Ms. Siddiquiwas monitored over time.No evidenceof politicalt5tture has been presented for this evaluationthat would be an anteaxdentfor this disorder. Shehas consistently been a poor historian,as she has steadfastlyrebed to provideany nformation that wouldclarifyany questions regarding her exposure to trauma She docsnotexbibiithe psychologicalsymptomsthat wouldwarrant a diagnosisof Posttraumatic Stress Disorder.

Based on a review of this case, it is myw o n hat Ms. Siddiqui cumntfy meets the diagnostic

criteria for Malingering;-.$camdingo the Diagnostic-aadStatisticalalManual fMental Disorders,Fourth Edition,Test Revision @SM-N-TR),MaHngedngis the ntdonal production of a rosslyexaggerated psychological symptomsmotivated by external be it iv cs suchas evadingcri&dprosecution. TheDSM-N-TR also adds thet malingezing can represent adaptivebehavior- orexample, feigningillness while a captiveof the enemy during wartime.

OPlNON ON COMPETENCY:

Jn my professionalopinion,Ms. Siddiquiis cunently competentto stand trial. Ms. Siddiqui is notsuffering from a mental disease or ddect which wouldrender her unabIa to undmstsnd the n a mand cdns quenc esof tha proceedin@against her or to ass'ht properly in her ow n defense.


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FORENSIC EVALUATIONSIDDIQUI, AAIFLAREG NO. 0279-054

PAGE 13

Submitted by:

Forensic Psychologist

Reviewed by:

Chief Psychologist

D o c k + qfld file o f l cm,~do f 0 4 l " ) i r ~ .

SO ORDERED:D*.: 9.349 ? ? A A&,IW

Richard M. Berman, U.S.D.J.