WOODLAND, Calif. — During a trial-setting conference in Yolo County Superior Court on Monday morning, prosecutors argued against allowing a supplemental competency report, a move the defense said was necessary to ensure a fair hearing.
During the trial-setting conference, an accused man was charged with contempt of court related to a protective order.
Deputy Public Defender Aram Davtyan raised the issue to Judge Daniel P. Maguire, stating that the accused had a competency report from his doctor that he believes is insufficient in determining the accused’s ability to stand trial due to a lack of access to medical records.
The court acknowledged receipt of a Penal Code section 1368 report from the doctor on March 16, which would pause criminal proceedings if a judge or attorney doubts the accused’s mental competence to stand trial. While the prosecution stood by the information submitted in the mental competency report and trusted the judge to make a ruling based on it, the defense did not. DPD Davtyan requested to speak with the doctor to determine whether further testing could be conducted.
The defense asked the judge to grant permission for the doctor to add supplemental reporting to the accused’s case so that adequate information is available when determining the client’s mental capacities.
Judge Maguire questioned the likelihood that the doctor would be inclined to re-review the accused’s case and provide supplemental reporting.
In response, Deputy District Attorney Aaron Rojas stated that the legal code does not call for the allowance of further reporting from the doctor, since there have not been any changes to the accused’s situation. The defense then stated that supplemental reporting is necessary in order for a fully informed jury.
The prosecution argued against the supplemental report, while the defense maintained that the doctor initially had no access to medical records, leaving the initial report inconclusive.
Judge Maguire responded by acknowledging that there is no legal provision requiring him to allow a doctor to provide supplemental reporting, but he also stated that there is no legal provision forbidding him from allowing additional reports.
Judge Maguire stated that “it’s in everyone’s best interest to get this right” and to obtain the most complete report possible.
In the interest of the court, the judge ordered a supplemental competency report. The court also ordered payment of $300 to the doctor to accommodate such reporting.
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