GUILTY CA - Gianni, 24, & Sal Belvedere, 22, Ilona Flint, 22, San Diego, 24 Dec 2013 - #3

[SDHELPS]

In my opinion these murders would have to be completely random for CM to be so mentally impaired that he could not participate in his own defense or be tried. And we all know that there was no way that these were random acts as the murders occurred at two different locations and times to victims that were related. CM aparently had enough mental capacity to execute a plan and did not remain at the scene to be found by the police. In fact, it appears that he fled and made further efforts to conceal the crime. If he chooses not to participate in his own defense I believe that he should stand trial anyhow. Let him just sit there at the defense table with his mouth shut and be convicted.

BBM And lets not forget that he had the mental capacity to continue working a steady job after all of the carnage he released on these beautiful young adults. He appears to have continued on with his life in a somewhat normal manner and only once he was caught did he change his demeanour IMO of course.

I can't imagine him not going to trial and leaving the Belvedere and Flint families without some sort of closure to this horrific crime.

MMO

 

[SDHELPS]

And why are we still housing CM the third floor PSU section of the jail? I suggest that he be moved to general population. He may regain some of his mental capacity after a few weeks and decide to corporate with his PD.

I completely understand what you are saying here SDNV but I wouldn't want to risk the possibility of him committing suicide and case closed.

 

[Curious Me]

If there was someone else involved in these murders, as many of us
suspect, then that person is still out there walking free.

In time, CM may talk, especially if the DP is on the table.
The motive may still be unknown, but there's plenty of evidence that would nail CM.

Gunning down three young people in a mall during the holidays
is going to be placed on him when this gets to trial. Talk dude.

 

[SDHELPS]

Today at 9:00 am CM is still on the calendar for his competency hearing. I for one hope he is declared sane and a trial date can be set.

http://www.cbs8.com/story/27022455/mental-competency-hearing-for-triple-murder-suspect

After Mercado's arraignment, his attorney asked for a mental competency evaluation to determine if the defendant understood the charges and could assist in his own defense. A judge is expected to rule on that issue Monday after reviewing doctors' reports.

Happy Monday everyone!!!!

 

[SDHELPS]

http://www.sandiego6.com/news/local...ing-for-triple-murder-suspect--280542772.html

Monday, Judge Joseph Brannigan said the court-appointed doctor found that Mercado is not competent, but Deputy District Attorney Brian Erickson asked for time to decide if his office wants a trial on the matter or will go along with the psychiatrist's finding.

ARGHHHHHHHHHH :gaah:

This is not one of my preferred news sources so will update after 11:00 am when local news is on.

No words.......

 

[SDHELPS]

It appears that there will be another hearing set for next week. The Court calendar has not been updated yet but below is the jest of it all.

Two other doctors hired by the defense have also reported that Mercado is incompetent to stand trial, the attorneys said. Another hearing is set for next week.

http://fox5sandiego.com/2014/10/27/doctor-finds-accused-triple-homicide-suspect-incompetent/

If Mercado is ultimately found not competent to stand trial, he would be sent to a state mental hospital until his competency is restored.

On the live KFMB news they said they are still awaiting two independent Dr.s reports but I'm not finding it on print.

http://www.cbs8.com/story/27022455/triple-murder-suspect-declared-mentally-incompetent-for-trial

A lot of the same on both links. I'll check tonight on the court calendar for any new updates.

BBM

 

[EmmaRose]

It appears that there will be another hearing set for next week. The Court calendar has not been updated yet but below is the jest of it all.


http://fox5sandiego.com/2014/10/27/doctor-finds-accused-triple-homicide-suspect-incompetent/



On the live KFMB news they said they are still awaiting two independent Dr.s reports but I'm not finding it on print.

http://www.cbs8.com/story/27022455/triple-murder-suspect-declared-mentally-incompetent-for-trial

A lot of the same on both links. I'll check tonight on the court calendar for any new updates.

BBM

Hi SDHELPS! Thanks for checking. I really didnt think CM would be ruled incompetent judging from his actions on the night in question, but I'm no doctor. You would think that more than one doctor would have to make that determination. I have to read up on the news links now ......

 

[EmmaRose]

Ok, I see that there are two more doctors, but they are defense doctors. Wonder if the state will request a trial to determine this, or is that what the hearing does??

 

[SDHELPS]

Ok, I see that there are two more doctors, but they are defense doctors. Wonder if the state will request a trial to determine this, or is that what the hearing does??

Hi EmmaRose! if you watch the video at this link the very last statement is that the Deputy D.A. is still awaiting two "independent" reports before they agree to the court appointed doctors findings.

So my understanding on this is that if the two independent Dr.'s reports agree that CM is incompetent then CM will go to Patton State Hospital (San Bernardino) until he is competent. (I believe once in the state hospital they review his condition every 90 days).

If the independent reports come back that CM is competent and understands the charges against him the D.A. will then ask for a jury trial specifically to rule on his mental capacity.

This is all MOO

Video here: http://www.cbs8.com/story/27022455/triple-murder-suspect-declared-mentally-incompetent-for-trial

 

[Curious Me]

Thanks SDHELPS.

I guess I expected this. As much as I'd like to hurry this along, it is going to move at a snail's pace. In this particular case, it leaves me feeling somewhat unsafe knowing there may have been someone else involved out there or somebody who hired him. We have no idea what the motive was, but it was brazen and it did happen right in a popular mall parking lot during the holiday season. Answers would be nice.

He'll probably have to try a bunch of new medications and get stabilized. Give me patience! ullhair:



Triple murder suspect declared mentally incompetent for trial
http://www.cbs8.com/story/27022455/triple-murder-suspect-declared-mentally-incompetent-for-trial

"Monday, Judge Joseph Brannigan said the court-appointed doctor found that Mercado is not competent, but Deputy District Attorney Brian Erickson asked for time to decide if his office wants a trial on the matter or will go along with the psychiatrist's finding."

"Two other doctors hired by the defense have also reported that Mercado is incompetent to stand trial, the attorneys said. Another hearing is set for next week."

"If Mercado is ultimately found not competent to stand trial, he would be sent to a state mental hospital until his competency is restored."

BBM

 

[SDHELPS]

Thanks SDHELPS.

I guess I expected this. As much as I'd like to hurry this along, it is going to move at a snail's pace. In this particular case, it leaves me feeling somewhat unsafe knowing there may have been someone else involved out there or somebody who hired him. We have no idea what the motive was, but it was brazen and it did happen right in a popular mall parking lot during the holiday season. Answers would be nice.

He'll probably have to try a bunch of new medications and get stabilized. Give me patience! ullhair:



Triple murder suspect declared mentally incompetent for trial
http://www.cbs8.com/story/27022455/triple-murder-suspect-declared-mentally-incompetent-for-trial

"Monday, Judge Joseph Brannigan said the court-appointed doctor found that Mercado is not competent, but Deputy District Attorney Brian Erickson asked for time to decide if his office wants a trial on the matter or will go along with the psychiatrist's finding."

"Two other doctors hired by the defense have also reported that Mercado is incompetent to stand trial, the attorneys said. Another hearing is set for next week."

"If Mercado is ultimately found not competent to stand trial, he would be sent to a state mental hospital until his competency is restored."

BBM

I agree about not being totally surprised. What riles me up though is that by all accounts he was a functioning person prior to his arrest (excluding the Border Patrol incident). He worked and obviously made a conscious decision to fly under the radar regarding keeping out of trouble. Did jail send him into this psychosis of sorts or was he really out of it beforehand? Has he been treated for a mental illness in the past?

We may never know any of this due to HIPPA laws but if there was a trial for the competency would we hear some of these answers?

Practicing patience right there with you my dear :waiting:

 

[Curious Me]

Every time I look at him in the courtroom he looks like he has been living in a cave, groggy, with that hair getting longer and he's hiding behind it. Before he gets anymore lost in himself, I'd like to offer my armchair diagnosis. Wake up, get a good haircut, and start facing the music. Eventually, these serious charges have to be faced.

Is he stalling and fooling the doctors? One of the news reports did mention how CM was able to function and continue working for months after the crimes without incident, and that his mental condition wasn't that much of a problem, and perhaps there is no history of it in the past, until he was on his way to jail. Anyways, he certainly knew what was going on during the month of his crimes. I would really like to hear why these defense doctors have determined, in their professional opinions, that CM is now incompetent to stand trial at this time.

 

[Curious Me]

Sometimes a good haircut can make all the difference. :giggle: Just saying.

It's possible I'm just saying that because I had a bad hair day today myself. :smile:

 

[SDNV]

As I an others here have observed, CM was competent enough to have a regular job and must have comprehended what it was that he needed to do at the job in order to collect a paycheck. He was competent enough to acquire weapons, and the types of weapons he had were not the kind of weapons that people in California can just go to a gun store and buy. CA gun stores can't sell silencers and cannot even sell guns with attachment points on the gun for a silencer. Just acquiring these illegal guns alone was no minor undertaking. He also comprehended that he needed to participate in an attempted coverup of the crime by abounding the car in Riverside along with the air freshener to mask the smell of the body decomposing.

All of the above, plus more that was left out to be brief, paints a picture of a person with more than enough skills to solve problems and function in life. So, how does a guy like CM go from this seemingly normal guy to someone claiming to not be able to understand his charges and assist in his defense?

Does anyone know what battery of tests are given to persons in CM's situation to assess them? Can answers on those tests be faked? Are there questions to determine if answers have been faked? I am guessing that I would rather spend as many years and I could get away with in some cushy county mental health hospital "working" on my problems and issues before facing murder charges and REAL prison.

 

[SDHELPS]

I checked the court calendar and the hearing to determine if a civil jury trial to determine CM's competency is scheduled 11/3 @ 9:00 am. I have sent a message to gitana1 (verified attorney) to see if she might find the time to come here and answer a few questions we may have regarding the process of declaring competency and how full proof it might be. She's a wealth of information

Also found this article FWIW:

http://www.utsandiego.com/news/2014/oct/27/mercado-mall-christmas-murders-mental-competence/

Prosecutor Brian Erickson said he could request that Mercado be evaluated by a doctor chosen by the District Attorney’s Office. Mercado has already been evaluated by two other doctors, at the defense’s request, both of whom found him incompetent to stand trial.

The attorneys are expected to return to court Monday to determine how the case will proceed.

Have a great day my fellow sleuthers! :loveyou:

 

[thebestinthewest]

Hi guys! Just getting caught up on reading postings. Does anyone have a link to that psych report? Did I miss anything else? Cm just strikes me as evil for everything that he did from shooting them around the holidays to driving the car with Gianni in the trunk.
SDHelps: I made an executive decision and picked out our Halloween themed costumes! I want to be Xena so you have to Gabrielle...it's a law

Have a safe Halloween everyone! !

 

[thebestinthewest]

http://www.latimes.com/local/lanow/la-me-ln-three-killings-mentally-incompetent-20141027-story.html the LA times is reporting skitzophrenia and depression

 

[thebestinthewest]

NBC also says he is skitzo, and other mental issues http://www.nbcsandiego.com/news/loc...-Homicide-San-Diego-Competency-280549412.html

 

[SDHELPS]

NBC also says he is skitzo, and other mental issues http://www.nbcsandiego.com/news/loc...-Homicide-San-Diego-Competency-280549412.html

From above link:

Psychiatrists diagnosed Mercado as schizophrenic, psychotic and suffering from catatonic depression, according to his attorney.

Source: http://www.nbcsandiego.com/news/loc...Diego-Competency-280549412.html#ixzz3HYmi1PSM

Well there is at least something to go on now. I will have to defer to all of you regarding treatment protocol on the above as I have no idea. My simple mind tells me that with the proper meds he could be treated and well enough to stand trial. Anyone who knows about these disorders, please feel free to chime in!

Thanks Best for the updates! :tyou: Oh and as for Gabrielle...NO! :crazy:

 

[gettez]

Wow, so catatonic depression would explain why he was said to be unable to participate in his defense:

http://www.healthline.com/health/depression/catatonic-depression

I wonder if he might have had issues with mild depression and schizophrenia, and then the murders or the aftermath or the arrest or the concern about his watching his back in jail sent him into PTSD and full-blown catatonia. As much as I want an answer, I can't imagine that's easy to fake for this amount of time if he has some of these symptoms; however, there are treatments!