06-09-2012, 09:48 AM
(06-07-2012, 03:43 PM)Older Than Dirt Wrote: I AM SO CONFUSED! THE DOCUMENT THAT I POSTED YESTERDAY (WHICH I CAN STILL VIEW) SAID THAT THE DR. WHO HAS SPENT TIME WITH PETTAWAY HAS DECLARED HIM COMPETENT TO STAND TRIAL! HELP! ARE THEY JUST COVERING ALL BASES?
No, I would not say that they are covering all bases. It is more like the State is calling the defendant's bluff. At the time that the State filed the motion for a retard evaluation, the defendant had not yet submitted the report from Dr. Fabian.
This came about because of the appeal that the defendant filed to get rid of Judge Bates. In the appeal the defendant stated that the Judge was unfair because he denied the defense more money to have the defendant evaluated. And that the Judge had denied the defendant's motion to have the death penalty taken off the table. The Judge said you have already had enough money, and besides, we've seen no report of an evaluation for the $15,000 that you have already been given. The appeal was denied.
In the meantime, the State snuck in and said, "Hey, if the defendant is going to appeal based on retardation" we want to have a second opinion. It is our right. Slick move.
The defense said, "No, we've already had him evaluated, and here is the report. And while he may to too retarded to be put to death, he is competent enough to understand and assist in his defense at trial.
So what is really going on here? I'm not sure except that the defense is sure trying to get the death penalty off the table. They have been from early on. And it seems to be their main objective. Which I find puzzling because what the defense has reported is a mitigating circumstance. Has nothing to do with guilt or innocence. It should be part of the sentencing phase, I would think.