Potenza had left a voicemail in September 2022 in which he said he would "cut [his] fucking head off" and threatened to "go after" the victim's wife and children.
A federal grand jury charged Potenza with transmitting a threatening communication in violation of 18 U.S.C. § 875(c). He asserted an insanity defense, and a district court in the Northern District of Alabama found he proved insanity by clear and convincing evidence.
Following the acquittal, the district court ordered Potenza committed to the custody of the Attorney General. The court found he failed to establish that his release would not create a substantial risk of bodily injury to another person due to a present mental disease or defect.
Potenza appealed the commitment order. The Eleventh Circuit, in a per curiam opinion, affirmed the district court's decision.
The opinion details a forensic evaluation by Dr. Paige Voehringer, who diagnosed Potenza with bipolar I disorder, most recent episode manic, with psychotic features, and narcissistic personality disorder. Voehringer administered the Psychopathy Checklist Revised, Second Edition and the Historical Clinical Risk Management-20, Version 3.
Voehringer opined that Potenza's unconditional release would create a substantial risk of bodily injury. She noted that his symptoms of bipolar disorder "wax and wane" and that he had "no insight" into his psychotic symptoms.
Potenza denied being formally diagnosed with a mental illness during the evaluation and refused to take antipsychotic medication. He also appeared confused about his guilty plea by reason of insanity, later claiming his attorneys had tricked him.
The Eleventh Circuit held that the district court's finding was supported by the evidence. The court affirmed the commitment order.