Appointment of a second doctor to evaluate Hugo Parral-Aguirre's competency to stand trial was requested by the People at the last court hearing. That appointment was expected to be decided today. It wasn't.
After passionate arguments from both attorneys on the case, Visiting Judge Henderson continued the decision whether to appoint a second doctor to evaluate Aguirre's competency to stand trial to be heard before a Humboldt County Superior Court Judge, a request by the defense.
Visiting Judge David Henderson briefly met with Deputy District Attorney Josh Rosenfeld and Aguirre's court appointed attorney, Ms. Megan O' Connell in chambers. Later, the courtroom was opened to the public.
Today, the two women who have been in court to support Aguirre were not present. A certified court interpreter and Ms. Megan O'Connell spoke with Aguirre and he did not look happy. "I know, I know, hang in there," Ms. O'Connell said to Aguirre, right before Judge Richard Henderson formally called the case.
Judge Henderson said that he reviewed Penal Code 1368 and that according to him, "The Court would only appoint a second doctor to evaluate if the defendant challenges the finding of incompetency. The Court cannot authorize an evaluation."
On January 24, Dr. Michael Ramirez's report was received. He found that Aguirre was not competent to stand trial, at this time. The defense accepted Dr. Michael Ramirez's evaluation of Aguirre.
Judge Henderson said that both counsel agreed with him. "That is not exactly the case, Your Honor, " said Deputy DA Josh Rosenfeld. "The People believe the Court has the authority; there is no mandate. The court has discretion."
Ms O' Connell agreed that "It is within the discretion of this court," However, she told Judge Henderson how these things are typically handled in this County. You know one of those "Humboldt" court rules.
Ms. O'Connell said, ""People are requesting that taxpayers pay for an expert from UC Davis to come up and evaluate Mr. Aguirre. That would cost $10,000-15,000. They would have to pay for a court certified interpreter. There is another board certified doctor here who could evaluate."
Deputy District Attorney Josh Rosenfeld responded, "Dr. Ramirez is a PsyD, not a psychiatrist. Public safety is paramount. Having a psychiatrist we trust will save money in the long run. If the Court will not appoint a second evaluation, the People will seek an order to require the defendant to be evaluated. People will pay from their budgetary funds."
"If we go through a jury trial, we would appeal," said Ms. O' Connell.
The People will file a brief by next Friday. The defense has a week to respond. The hearing was continued to February 13 at 8:30. Courtroom TBA.
Aguirre, a Mexican citizen, is charged with the attempted murder of a HCSO Deputy and assault of a HCSO Sgt.
Previous post:
https://johnchiv.blogspot.com/2018/01/this-is-not-physical-it-is-about.html?m=1
Related links:
http://codes.findlaw.com/ca/penal-code/pen-sect-1368.html
http://codes.findlaw.com/ca/penal-code/pen-sect-1369.html
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