Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Judge mulls mental evaluation in Kavanaugh threat case

A federal judge in Maryland said he is likely to order a mental evaluation for a California man charged with trying to assassinate Supreme Court Justice Brett Kavanaugh

Michael Kunzelman
Wednesday 26 October 2022 15:58 EDT
Supreme Court Kavanaugh Threat
Supreme Court Kavanaugh Threat (Copyright 2022 The Associated Press. All rights reserved)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A federal judge in Maryland said Wednesday that there is a “very high likelihood” he will order a mental evaluation for a California man charged with trying to assassinate Supreme Court Justice Brett Kavanaugh.

U.S. District Judge Peter Messitte said during a brief hearing that he believes a mental evaluation will show him whether Nicholas John Roske, 26, is fit to assist his defense, enter a possible guilty plea or stand trial. No trial date has been set. Messitte said he is likely to order a mental evaluation for Roske when the parties return after approximately 45 days for a subsequent hearing.

Defense Attorney Andrew Szekely told the judge that the defense doesn't have any present concerns about Roske's mental competency.

The judge asked Roske several questions routine questions including his age, last address and last job to get “preliminary sense of where he is.” Roske answered the questions without a problem and said he knew he was appearing in federal court.

According to court filings previously made public, Roske told unidentified internet users that his goal was to reverse the then-leaked draft decision that ultimately overturned the 1973 Roe v. Wade ruling establishing constitutional protection for abortion.

Roske is charged with attempting to murder a justice of the United States. He has pleaded not guilty.

Prosecutors say Roske, who had recently worked as a substitute teacher, traveled from California to Kavanaugh's home in Chevy Chase, Maryland, with the intent of killing him. Roske pulled up near the home in a taxi shortly after 1 a.m. on June 8 carrying a suitcase with a gun and ammunition; a tactical chest rig with pepper spray and a knife; a flashlight; a laser; a thermal monocular and other burglary tools, according to court papers.

Spotted by two U.S. marshals who were part of 24-hour security provided to the justices, Roske was apprehended after he called 911 and told a police dispatcher that he was near Kavanaugh’s home and wanted to take his own life.

The leaked opinion draft led to protests, including at several of the justices' homes. Roske's arrest spurred the House to approve a bill expanding that around-the-clock security protection to the justices' families.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in