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Accused bomber found not competent to stand trial

February 29, 2012
John Pepin , Marquette Mining Journal

MARQUETTE - A Dickinson County man accused of attempting to destroy federal property by leaving explosives at the McNamara Federal Building in Detroit last February was determined Tuesday to not currently be competent to stand trial.

U.S. Magistrate Judge Timothy Greeley will now determine whether Gary John Mikulich, 44, of Kingsford should be made to take medications that could allow him to become competent.

At a hearing Tuesday, Mikulich and Dr. Bryon Herbel participated in a video conference from a federal facility in North Carolina.

Greeley determined Mikulich remained incompetent for trial based on a Feb. 21 forensic evaluation.

"The judge said he was incompetent, that wasn't really disputed," said Assistant U.S. Attorney Maarten Vermaat.

Vermaat said Mikulich has refused to take medications and part of Tuesday's hearing in Marquette focused on whether he can involuntarily be medicated to become competent for trial.

Greeley agreed to a defense request to leave the record open for 10 days to review a list of potential witnesses provided to counsel just prior to Tuesday's hearing. Briefs from attorneys on the issue are due within 14 days.

"Then the judge will decide," Vermaat said.



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