BURLINGTON, VT – State prosecutor Ryan Richards questioned the findings of a doctor’s evaluation of the accused’s competency, while the defense noted how the evaluation demonstrates the accused’s bipolar disorder, at a competency hearing at Chittenden County’s Costello Courthouse Monday.
The accused is facing one misdemeanor charge for false pretenses or using false tokens over $900.
Public Defender Margaret Jansch told the court the accused was evaluated by court order, and the doctor determined the accused was incompetent to stand trial. Attorney Jansch added the state was willing to stipulate submission of the report to the court.
But prosecutor Richards said they were not persuaded by the evaluation, but will stipulate submission to let the court decide, adding the doctor’s conclusions “do not make sense and are not very persuasive.”
In regard to the doctor’s findings the accused does not have clear understanding of the court proceedings, the prosecution insisted the accused was denying their charges, not evidencing incompetence, and maintained the accused does understand the proceedings, contradicting the evaluation.
The prosecution urged the court to apply a preponderance of the evidence standard to the evaluation, meaning the judge must find it more likely than not that the accused is competent.
Defense counsel Jansch explained the accused was present in court and accompanied by their case worker, and the evaluation reiterates the accused’s “historical diagnosis of bipolar disorder” along with “thought disorders related to schizophrenia.”
Attorney Jansch finished her response by arguing the accused is “not simply just denying the charges,” as the prosecution claimed.
Judge David R. Fenster did not comment on the validity of the competency evaluation in question, but ordered another competency evaluation for the accused, with no objections from the state or defense. Another competency hearing was set for April 23.
