Making yet one more effort to keep Raphael Musto from reporting to a federal medical facility Monday, attorneys for the former state senator have filed an appeal with the U.S. Third Circuit court of Appeals arguing the trip to the North Carolina facility alone could kill Musto.
On Jan. 7, Musto was found mentally incompetent to stand trial, and U.S. District Judge A. Richard Caputo then ordered him into the custody of the Attorney General, to be committed to the Federal Medical Facility in Butner, N.C. Musto’s attorneys asked Caputo to stay that order until they could file an appeal, but Caputo rejected the motion.
Caputo noted putting Musto in custody of the Attorney General was a legally-mandated result of being declared incompetent, and called the request to stay the order “incongruous.”
This afternoon Musto’s attorneys filed a 99 page “emergency motion” with accompanying memorandum and exhibits, asking the appeals court to issue an emergency, 21 day stay of Caputo’s Jan. 7 order, so the government could issue a response and Musto could reply.
“For the reasons set forth at length in the forthcoming memorandum, even the trip to North Carolina may prove fatal to Appellant,” Musto’s attorneys wrote.