By Isabelle Brady
MODESTO, CA – A defense attorney expressed doubt about his client’s competency to stand trial during a Friday trial settlement conference here in Stanislaus County Superior Court, and the judge postponed the trial to look into the matter.
Edward Debolt had a felony pretrial hearing and jury trial scheduled for next week, but his attorney questioned Debolt’s competency pursuant to California Penal Code section 1368, saying, “We can’t proceed now.”
Penal Code section 1368 allows a judge who begins to doubt a defendant’s competency to “recess the proceedings for as long as may be reasonably necessary to permit [defense] counsel to confer with the defendant and to form an opinion as to the mental competence of the defendant at that point in time.”
It also allows an attorney who has concerns about his client’s competence to inform the court of this concern, at which point the judge will “order that the question of the defendant’s mental competence is to be determined in a hearing.”
Debolt’s defense attorney exercised the latter part of the penal code when he expressed doubt pursuant to 1368.
The judge responded, “Looking through the file, that’s been done before. And wasn’t he found competent?”
“It has,” Debolt’s attorney said, acknowledging Debolt had a Certification of Mental Competency Hearing on Jan. 25, 2022.
“He was restored proximally in November,” Debolt’s attorney responded, explaining, “Since that time, for the court’s knowledge, I’ve received information from Mr. Brennan, from the DA’s office, regarding phone calls and there’s been other information that creates this change in circumstance.”
“With regard to your doubt regarding Mr. Debolt’s competency to stand trial?” the judge asked.
“That’s correct,” Debolt’s attorney said.
The judge then asked, “Do you have a doubt that your client now again understands the nature of the proceedings or is able to assist you in his defense?”
“That’s correct,” Debolt’s attorney said.
Kirk Brennan, the Deputy District Attorney on the case, had no comment.
The judge accepted the defense attorney’s doubt, saying, “All right, with those comments, the court will express a doubt as to Mr. Debolt’s competency to stand trial under 1368 et cetera.”
The judge will appoint a doctor to evaluate Debolt and vacated the previous felony trial dates of March 13 and 14.
Allowing 30 to 45 days for a report to be produced, the judge set a new hearing for April 7, 2022, at 8:30 a.m.
