From Denny Walsh:
Charges in Sacramento federal court against a man accused of making a series of menacing telephone calls were dismissed Monday because he was declared incompetent. The man has a long history of making threats against prominent people.
Scott R. Hudson, who has a long history of mental illness and threats of violence, was charged with warning he would use fire or explosives and directing threatening calls to a Minnesota university, a synagogue in Orange County, a rabbi in suburban New York, a Jewish museum in Philadelphia and two New York City hotels.
The 54-year-old Hudson was arrested by FBI agents in December 2006 at a Chico motel where he was living, and he has since been held without bail.
On a motion Monday by the prosecutor, U. S. District Judge William B. Shubb ordered the charges dismissed and Hudson released.
"It appears there is little likelihood that he will attain the capacity to proceed in the foreseeable future," Assistant U. S. Attorney Philip Ferrari said in a status report filed Friday. "The government simply cannot prosecute Mr. Hudson on the pending charges at this point in time."
In May, U. S. Bureau of Prisons psychiatrists found Hudson incompetent and recommended forced medication. However, given his medical history and the amount of time he had already spent in custody, Ferrari decided involuntary medication was not justified and Shubb said he would not order it.
Based at least in part on a more recent report from a local psychiatrist, Shubb found last week that Hudson's release "would not create a substantial risk of bodily injury to another person or serious damage to the property of another."
In a 2001 prosecution in Sacramento federal court, Hudson pleaded guilty to making a series of telephone calls to various businesses in Arizona threatening harm to Randy Johnson, then a pitcher for the Arizona Diamondbacks baseball team.
Specifically, Hudson stated he would shoot Johnson in the head and would cut off his testicles.
He was first sentenced to 16 months in prison, but a violation of his supervised release drew a second sentence of 18 months.
During the course of that earlier prosecution, Hudson was twice referred by Shubb to a federal medical facility in Rochester, Minn., for evaluation and treatment of his mental illness.
Court records show Hudson was first investigated by the FBI in 1996 in connection with threats made against U. S. Sen. Ted Kennedy, D-Mass. During that investigation, it was discovered that the Royal Canadian Mounted Police also was investigating him in connection with threatening calls received in Canada.
As early as the mid-1970s, Hudson was admitted to a psychiatric hospital in Southern California for allegedly "being dangerous with a gun in his possession," according to court records.
He later lived with his mother, who is now deceased, in the Butte County town of Paradise.