I have wondered if this guy is at least on the low side of average on an IQ scale, but that certainly shouldn't keep him out of the courtroom, IMO.
And I hope the prosecutors will have him examined, tested, whatever, by a professional of their choosing as well.
If he is found to be "unfit" for trial, what happens in Arkansas?
Should the case make it to trial, the defendant may assert an affirmative defense of "lack of capacity" as defined by Arkansas Code.
To wit:
A.C.A. § 5-2-312 (2012)
5-2-312. Lack of capacity -- Affirmative defense.
(a) (1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked capacity as a result of mental disease or defect to:
(A) Conform his or her conduct to the requirements of law; or
(B) Appreciate the criminality of his or her conduct.
(2) When the affirmative defense of mental disease or defect is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted on a ground of mental disease or defect pursuant to § 5-2-314.
(b) As used in the Arkansas Criminal Code, "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(c) When a defendant is acquitted on a ground of mental disease or defect, the verdict and judgment shall state that the defendant was acquitted on a ground of mental disease or defect.
HISTORY: Acts 1975, No. 280, § 601; A.S.A. 1947, § 41-601; Acts 2001, No. 248, § 1.
In this case, however, Holly's lawyer, Pat Aydelott, is requesting a mental health evaluation of his client prior to trial. He is, predictably, angling to have ZH declared unfit for trial.
A.C.A. § 5-2-309 (2012)
5-2-309. Determination of fitness to proceed.
(a) If the defendant's fitness to proceed becomes an issue, the issue of the defendant's fitness to proceed shall be determined by the court.
(b) If neither party contests the finding of the report filed pursuant to § 5-2-305, the court may make the determination under subsection (a) of this section on the basis of the report.
(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
HISTORY: Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606.
If the defendant is declared unfit to proceed, Arkansas Code A.C.A. § 5-2-310 (2012) details the time table for the detention, care, treatment, and 'fitness [for trial]' restoration steps which must be attempted.
Mercifully, I'll spare you those cites.
