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| Lawyers want to free incompetent inmates |
| By Associated Press |
| Published: 10/27/2003 |
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The Maricopa County, Ariz., Public Defender's Office is seeking the dismissal of charges filed against 35 defendants who have been deemed incompetent to stand trial. Defense attorneys say the defendants should be freed because they are languishing in jail rather than going immediately to the Arizona State Hospital after being found incompetent. Attorneys are asking the Superior Court to drop the charges. Prosecutors challenging the request say dropping the charges would unfairly penalize the prosecution. They say it would only create more delay and expense. Most of the defendants are accused of lower-class felonies, but they also include possible sex offenders and a Mesa man accused of killing his wife. The minimum wait time for a transfer from jail to the Arizona State Hospital is 90 days, said Gene Guidas, administrator in charge of the competency court. The hospital has only 60 beds for restoration patients from all counties. Commissioner Benjamin Vatz of Maricopa County Superior Court has scheduled six days of hearings, starting Thursday. The first hearing will focus on how the jail and state hospital handle inmates awaiting transfer, said Nicole Pena, spokeswoman for the Maricopa County Attorney's Office. Defendants can be found incompetent because of a mental illness or defect that prevents them from comprehending legal proceedings or assisting in their own defense. |
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