GUILTY OR - Frederick 'Fritz' Hayes, 57, dies in machete attack, Lake Oswego, 17 Sept 2012

A man accused in the machete killing of a Lake Oswego homeowner during a 2012 burglary has been declared by a judge Monday to be mentally fit to stand trial, but his attorneys and prosecutors are now concerned he may be soon be forced from the Oregon State Hospital which could lead to him reverting back to a psychotic state.

Since his arrest in the September 2012 killing of 57-year-old Frederick "Fritz" Hayes, Erik Meiser has been sent to the state hospital in Salem at least three times for treatment for diagnosed schizophrenia or an evaluation. His latest stretch at the state hospital started in March 2014. Meiser was last determined to be unable to aid and assist in his own defense in January.

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Clackamas County Deputy District Attorney Chris Owen said in court that he and Meiser's attorneys believe only the amount of time he has been found mentally fit for trial while held at the state hospital should count, but hospital officials have told them they are counting the entire time he has been held since 2014.

Meiser, 41, would be held at the Clackamas County Jail if released from the hospital, but has previously not taken his medication while in jail custody. Two psychologists, including one who works for the Oregon State Hospital and last evaluated Meiser in February, testified Monday that Meiser told them in interviews that he would not take his medication if he were sent back to jail in order to see if the voices in his head become louder.

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Judge Eve Miller scheduled a May 2 hearing for the prosecution, defense and representatives of the state hospital to argue the issue. A trial date will be set at that hearing. Meiser's attorneys also filed a motion on Monday requesting an order directing the Oregon State Hospital to conduct a guilty except for insanity evaluation on their client.

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After five years of mental health evaluations and court battles, a California man charged with murdering of a father and husband near Lake Oswego will finally go on trial.

Prosecutors contend Meiser’s mental illness wasn't the main reason for the killing, and that instead it was a brutal robbery.

The judge hearing this case will decide whether Meiser was insane at the time of the killing. The trial is expected to last about a month.

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Erik Meiser should be found guilty except for insanity, defense attorney Jenny Cooke said during the trial's opening statements in Clackamas County Circuit Court. Meiser was faced "with the impossible choice of his children's survival and the demands of the voices in his head" and shouldn't be held criminally liable for the death of Frederick "Fritz" Hayes Jr.

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But prosecutors contend Meiser, 42, made conscious choices despite his mental illness to break into the home Hayes, 57, shared with his wife in an attempt to rob them and kill Hayes after it appeared he wouldn't be getting any money. Meiser told investigators that he sought $40,000 and felt he needed the funds to move his family into a condo and prevent his children from being turned into cannibals.

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A Clackamas County judge said Tuesday that she'll need two weeks to issue a verdict in the case of a man who entered an empty Lake Oswego home in 2012 and killed one of its owners with a machete when the man returned.

Judge Katherine Weber heard closing arguments in the trial of Erik Meiser, which started August 1. He is accused of stabbing Frederick "Fritz" Hayes to death after breaking into the home Hayes shared with his wife.

Weber said she plans to announce her verdict on Sept. 15.

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Erik Meiser has been convicted of murder for killing 57-year-old Frederick &#8220;Fritz&#8221; Hayes Jr. in Lake Oswego in 2012.

The judge delivered the verdict in court Thursday afternoon. Meiser had been facing the charge of aggravated murder, but he was found guilty on the lesser charge of murder.

Meiser was also convicted Thursday on the charge of second-degree burglary. Additionally, he was found guilty except for insanity on charges of first-degree robbery, first-degree burglary and second-degree burglary.

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A machete-wielding burglar found guilty last month of killing a Lake Oswego-area homeowner in 2012 received a rare sentence Tuesday that could see him split time between the Oregon State Hospital and prison.

Erik Meiser, who is diagnosed with schizophrenia and other mental illnesses, was sentenced in Clackamas County Circuit Court to concurrent sentences of life in prison with a minimum of 25 years and up to 20 years under the supervision of the state's Psychiatric Security Review Board.

He will start his sentence at the state hospital. But if he is released at any point, he will go to prison, said Chris Owen, one of the county prosecutors on the case.

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"Erik Meiser, you had no right to enter our home. You didn't even know us, but chose to vent your anger at society on us. You gave up your rights when you entered our home. You butchered an innocent man for nothing," she said. "As far as I'm concerned, your life has no value, and you are indeed a failure. "

After Meiser was sentenced, Maggie told KATU the punishment was exactly what she was hoping for. She said she and her family will live their lives and not waste any more time thinking about him.

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