A Boulder judge has ruled prosecutors can't use an expert they choose to conduct an evaluation on the accused King Soopers shooter, intended to help determine whether his lack of participation in mental health treatment is a conscious choice or a manifestation of symptoms of his illness.
denvergazette.com
3/22/23
A Boulder judge ruled prosecutors can't use an expert they chose to conduct a neuropsychological evaluation on the accused King Soopers shooter.
They wanted the expert to help determine whether the suspect's lack of participation in mental health treatment is a conscious choice or a manifestation of symptoms of his illness.
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Prosecutors made the request for a neuropsychological evaluation to the judge early in February, saying they needed to determine whether the accused shooter's apparent lack of participation in treatment to restore his fitness to stand trial is a choice not to comply, or a manifestation of mental illness symptoms. He has been diagnosed with schizophrenia, a filing by his defense attorneys last month revealed.
"The Court, the People, and Defense Counsel lack the authority to dictate the treatment of Defendant during his restoration treatment," Bakke wrote in an order Monday. "Therefore, the court orders that the People shall not bring in their own board certified forensic neuropsychological expert to perform a neuropsychological evaluation on Defendant."
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In objecting to the evaluation request, defense attorneys said his severe symptoms limit his ability to interact, render him resistant to medication and make him unlikely to have the ability to participate in a neuropsychological evaluation.
Four experts have already found him unfit for trial: Two in his initial competence evaluation, one chosen by prosecutors and a fourth hired by the defense attorneys.
