Discussion in 'Located Persons Discussion' started by Patch Tuesday, Dec 20, 2019.
I knew it!! Lori is trying to claim she is incompetent to stand trial!!
Not established. It is physically possible, albeit awkward and somewhat slow, to move from the most probable firing position in the back to the driver's seat. I discussed this attempt way back when. The nature of the near miss (high and to the right) is a typical "flinch" by a nervous shooter.
"EastIdahoNews.com first learned about the competency evaluation in March when sealed court documents were inadvertently published for a moment at a courthouse kiosk. In the interest of protecting the integrity of the case, EastIdahoNews.com opted not to publish the documents at that time"
Whatever, she will be evaluated again, and again, and again. Until she's found competent to stand trial. She's not going anywhere.
(1) When the defendant’s fitness to proceed is drawn in question, the issue shall be determined by the court. The court shall also determine, based on the examiner’s findings, whether the defendant lacks capacity to make informed decisions about treatment. If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed pursuant to section 18-211, Idaho Code, the court may make the determination on the basis of such report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, the party who contests the finding thereof shall have the right to summon and to cross-examine the psychiatrist or licensed psychologist who submitted the report and to offer evidence upon the issue.
Idaho Code 18-212 – Determination of Fitness of Defendant to Proceed — Suspension of Proceeding and Commitment of Defendant — Postcommitment Hearing » LawServer
Technically, it's more than "trying," she has been found incompetent to stand trial.
Also there's this section Idaho Code 18-211 – Examination of Defendant — Appointment of Psychiatrists and Licensed Psychologists — Hospitalization — Report » LawServer
thank you both.
none of this means she’s getting out free, that charges are gone, that there is no trial,
they’ve simply pressed paused and are having a hearing on this
justice is still the destination, despite the route getting there changing along the way
Will they proceed with Chad’s charges?
LV's playing the unfit for trial card in Idaho however she passed her mental evaluation test with flying colors in Gilbert when CV requested it. Since it looks like charges will be filed in Arizona, does Arizona have a not guilty for reason of insanity plea?
She tells men what they want to hear about themselves. It’s even a time-honored prostitute talent.
Can anyone weigh in on "restorative treatment"?
With no insanity defense, Idaho hospitals urge quick court dates while defendant is still competent
Interesting article on procedure for incompetentence to stand trial
Is he there daily to be her nanny? If she really is incompetent I don't imagine he can get any business done.
Just going by the case I referenced previously but I believe this would qualify as restorative treatment. JMO
Someone ruled unfit is typically held in jail, the state hospital, or Idaho Department of Correction facility where they receive treatment for their mental health issues.
If, over the course of that treatment, evaluators decide a suspect has regained competency, the case will move forward to trial.
Father of beaten Meridian boy found mentally incompetent in murder case | ktvb.com
Found Deceased - ID - Joshua Vallow, 7, & Tylee Ryan, 16, Tammy Daybell, 49, Sept & Oct 2019 *Arrests* #58
I just posted an article about this sort of thing. Thanks
Chandler police submit conspiracy to commit first-degree murder charge against Lori Vallow in death of husband Charles Vallow | 12news.com
Just an FYI...
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Thank you. Let's have this in the thread
Justin Lum Fox 10 Phoenix
6 mins ·
Meanwhile, Gilbert Police tells me the shooting investigation regarding Brandon Boudreaux, the ex-husband of Lori Vallow’s niece — is still open. The shooting happened on 10/2/19 as Boudreaux pulled into his driveway. He believes Lori’s brother Alex Cox tried to kill him.
It looks like Chad might have his trial first and she'll have hers when her competence is restored.