By Sahaily Zazueta
RIVERSIDE, CA – The trial competency of Harold Tuttle is in question here in Riverside County Superior Court, but he evaluation is being held up because, as noted in court last Friday, the Sheriff’s Dept. did not transport Tuttle as ordered to do so by the court.
Represented by Private Attorney Jose Rojo, appearing for Shaun Sullivan, for a pre-trial hearing, Tuttle’s jury trial, and sentencing for three different cases were delayed.
Attorney Rojo revealed to Judge Dean Benjamini that the doctor who was appointed to evaluate Tuttle had refused to make the drive to see him, and the sheriff’s department had not complied with a court order to transfer Tuttle to a detention center closer to the doctor.
Tuttle was arrested in late 2019 and is charged with vandalism, destruction of jail property, and resisting officers. Tuttle is being held in custody on a total bail of $175,000. Because of Tuttle’s prior felony conviction, he is ineligible for probation.
Rojo and Deputy District Attorney Jeffrey Mendoza asked to continue the trial, the pretrial, and the sentencing until April 19.
Judge Benjamini stated the court is still waiting on the return of a 1026 report, which is meant to evaluate Tuttle’s sanity and competency for trial.
Defense Attorney Rojo explained a “Dr. Chang” was appointed to evaluate Tuttle, but Dr. Chang has not been able to see Tuttle because the drive is too far. Tuttle is currently being held in the Southwest Detention Center.
DDA Mendoza noted Dr. Chang sent a letter to the court several weeks ago stating that she could not go see Tuttle because he had not been transported to the detention center in Riverside “and she refused to drive” elsewhere.
DDA Mendoza stated that Dr. Chang had requested that either Tuttle be transferred to Riverside so she could see him, or that another doctor be appointed.
In the previous minutes, Judge Otis Sterling, III had ordered Tuttle to be transferred to Riverside, but for unknown reasons the sheriff’s department did not transfer him. Because Tuttle was not transferred, Dr. Chang did not go to evaluate him.
Because of this conflict, Attorney Rojo requested another doctor be appointed to see Tuttle.
Judge Benjamini stated he did not know what other doctors were available for 1026 reports, adding if no other doctor is available, the only option will be to set an order to show cause hearing with a re-referral to Dr. Chang.
The purpose of the order to show cause hearing will be for the sheriff’s department to explain why Tuttle was not transported to Riverside despite the court’s order.
Judge Benjamini set the hearing for March 2, and said the court will issue the order to show cause “to the sheriff’s department to appear March 2 to justify why they did not follow the court’s order to transport Mr. Tuttle to Riverside for an evaluation as ordered by Judge Sterling.”
Judge Benjamini added he will not make the re-referral to Dr. Chang yet, and will wait until Judge Sterling has addressed the issue with the sheriff’s department first.
