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| Hearing Will Decide Whether California Man Was Competent During Trial |
| By Contra Costa Times |
| Published: 10/15/2001 |
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The U.S. Supreme Court decided last week that a lobotomized death row inmate who killed a Pinole police officer 21 years ago should get a hearing to determine whether he was competent during his trial. James Richard Odle will return to Contra Costa County for the proceeding, which likely will focus on whether the hole in his head prevented him from assisting his own defense. Seven years before committing two murders, Odle suffered brain injuries in a car accident. Part of his brain was removed. Exactly how much is in dispute. The 9th U.S. Circuit Court of Appeals characterized the missing matter as 'the size of a grapefruit' in its February decision granting Odle a competency hearing. The Supreme Court denied without comment the state's request to stop the hearing. The hole was 10 times smaller than what the trial court transcript recorded, said District Attorney Gary Yancey, who tried Odle two decades ago. It would be difficult to live with a grapefruit-sized portion of brain missing, observed Bill Gagen, the defense attorney who represented Odle. 'The court feels there is an issue of competence, and I honor their conclusion,' he said. A jury convicted the 33-year-old of two murders and recommended death; Odle has been on San Quentin's Death Row since 1983. Like all death-penalty convictions, his case has wound its way through state and federal appellate courts. In February, the 9th Circuit ruled that he should have been given a competency hearing before trial to determine whether he was capable of cooperating with his attorneys in his defense. The question is not same as insanity, where the mental state at the time of the crime is examined. If a judge or jury finds that Odle was incompetent to stand trial, he will be sent to a state mental health facility until his competency is restored, Gagen said. If that happens, it's conceivable he could get a new trial, although Gagen said at this point, there are more legal procedural questions than answers for his former client. |
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