Elizabeth Johnson's Court Hearings & Charges

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She's been in the psych ward for awhile now. I thought she would be back in jail before her next court appearance. That makes think it is something serious and she's not competent as of now. Maybe she is already in the Health Services Restoration to Competency (RTC) program and that is why she couldn't be in court.
 
Maybe this the the defense's way of getting the assault on the other inmate's charges dropped? If she was incompetent at that time, then she couldn't be charged? Does anyone know?
I can't wait for AZLawyer to weigh in on this. :)
 
TXHOPE said:
She's been in the psych ward for awhile now. I thought she would be back in jail before her next court appearance. That makes think it is something serious and she's not competent as of now. Maybe she is already in the Health Services Restoration to Competency (RTC) program and that is why she couldn't be in court.
Click to expand...

Could she be faking mental illness? Someone else said she may stalling for the 6 months to pass so that Gabriel can be legally adopted. I still haven't seen an answer from someone knowledgeable whether if Gabriel is legally adopted before his true identity is discovered, will it be null and void?
 
I think the reason she is not going to her court appearances is the judge told her she did not have to except for certain situations. I think she knows exactly what she is doing. Don't get me wrong she def needs help but I think she is competent. I think she is just stalling the process. I don't know all of the AZ laws but not really surprised by this tactic.
 
kissdegirl said:
Let's continue this discussion in the Psych thread for EJ. :)
Click to expand...

Yes please :) For discussing what the extent of Elizabeth's mental condition may have become as indicated by this ruling, please use the Psych thread.

For discussion of the legal considerations of this Rule 11 as it pertains to this hearing, upcoming hearings, potential assault charges, etc., please use this thread.

Thanks!
BeanE
 
CathyinTexas said:
Could she be faking mental illness? Someone else said she may stalling for the 6 months to pass so that Gabriel can be legally adopted. I still haven't seen an answer from someone knowledgeable whether if Gabriel is legally adopted before his true identity is discovered, will it be null and void?
Click to expand...

We have a thread for Legal & Law Questions in which anyone can post their legal questions, and one of our verified attorney WS members, AZlawyer, will answer your question. She is quite knowlegeable.

Please review the thread before posting to see if she has already answered your question.

Thanks,
BeanE
 
Superior Court >Probate And Mental Health
Full Rule 11 Evaluations and Court Process

The Forensics Services Division of the Superior Court receives criminal cases which have defendants who may need to be evaluated for competency. The Court will order that two doctors (a psychiatrist and psychologist) will conduct a psychological evaluation of the defendant. The doctors will determine whether the defendant is competent to be adjudicated.

If the defendant is found competent, he/she is remanded back to the trial court for adjudication

If the defendant is in-custody and found to be incompetent and restorable, he/she is sent to Correctional Health Services Restoration to Competency (RTC) program to receive treatment. Once the defendant is restored to competency, he/she is remanded back to the trial court to be adjudicated.

If the defendant is out-of-custody and found to be incompetent and restorable, he/she is ordered to participate in an Outpatient Treatment Program which will be monitored by a contracted psychiatrist and/or psychologist. Once the defendant is restored to competency, he/she is remanded back to the trial court to be adjudicated.

In the event that a defendant (in-custody OR out-of-custody) is still considered as incompetent yet not restorable within the statutory time limits, he/she may meet the criteria for civil commitment. The County Attorney's office has 24-48 hours to file a civil commitment petition. The Defendant is transported to Desert Vista Behavioral Health Center for evaluation and treatment. The criminal charges are dismissed upon the defendant arriving at Desert Vista either by MCSO transporting from jail or by self surrender.

http://www.superiorcourt.maricopa.gov/SuperiorCourt/ProbateAndMentalHealth/rule11.asp
 
Baby Gabriel's Mom Granted Psych Evaluation

Elizabeth Johnson's lawyers waived her right to appear in court for a status conference.

snip

Johnson's attorneys filed a motion to give her a psychological evaluation to see if she is competent to stand trial.

The judge agreed to the evaluation. Johnson's next court appearance is June 7.

http://www.kpho.com/news/23280642/detail.html
 
Recent updates:

5/19/2010 122 - ME: Mental Exam Experts Appt - Party (001)

6/3/2010 13:30 Rule 11 Hearing
6/7/2010 8:30 Status Conference
6/7/2010 8:30 Status Conference
 
BeanE said:
Recent updates:

5/19/2010 122 - ME: Mental Exam Experts Appt - Party (001)

6/3/2010 13:30 Rule 11 Hearing
6/7/2010 8:30 Status Conference
6/7/2010 8:30 Status Conference
Click to expand...

Looks like 1:30pm today, Phoenix time. Hopefully we'll find out EJ's mental status today...and hopefully the court will twitter it.
http://twitter.com/courtpio
 
EJ's 12/29 email to TS -"... I am one of the most competent people you will ever meet..."
 
Please feel free to discuss both psychological and legal aspects in this thread as the situation unfolds. I'll merge/move posts to the appropriate existing threads later, after we have more info on what's going on.

==========================================================

Doctors: Johnson incompetent to stand trial in missing Baby Gabriel case

Two doctors appointed by Maricopa County Superior Court have stated in a report that Elizabeth Johnson, the mother of a missing Baby Gabriel, is not be competent to stand trial, according to Johnson's attorney.

Maricopa County Superior Court Commissioner Steven Holding is expected to make a ruling on the report Thursday that could excuse Johnson from participating in further court proceedings involving the disappearance of her son, who has been missing since December. Originally, Johnson said she killed the baby, according to police and court documents; later, she said she gave Gabriel to a couple in San Antonio.

Attorney Nicholas Alcock, who is representing Johnson in the criminal portion of the case in which Johnson is charged with kidnapping, child abuse, custodial interference and conspiracy to commit custodial interference, told the Tribune he received the results from Johnson's psychological evaluation on Wednesday and is reviewing the report.

"Both (court-appointed) doctors believe she is not competent to stand trial," Alcock said. "They have determined that Elizabeth cannot control her thought process and that she is not able to think in a linear fashion, meaning that she is not able to think logically or make decisions."

http://www.eastvalleytribune.com/local/article_466d72ce-6f51-11df-b59e-001cc4c002e0.html
 
More from article above:

Alcock, who requested the a psychological evaluation or Rule 11 hearing to be held for Johnson, said he "had some deep concerns" that Johnson could not think clearly and believed she would not be able to think logically or assist an attorney in preparing a defense. Alcock also noted that doctors at the jail had placed Johnson on psychiatric medication after a recent incident in which she assaulted two inmates, resulting in solitary confinement. Johnson has since been returned to the general jail population.

"The court won't allow anyone who is incompetent to stand trial," Alcock said.
Alcock said he expects that Johnson will be placed in a "restoration process," in which Johnson would receive therapy and medication.

"It is very rare for someone to be determined incompetent, but not be restorable or rehabilitated through therapy and medication," Alcock said.
 
New thread to discuss competency here:

[ame="http://www.websleuths.com/forums/showthread.php?t=106003"]Elizabeth Johnson Found Incompetent to Stand Trial in Missing Baby Gabriel Case[/ame]


This is so both psychological and legal aspects can be discussed as this unfolds. I'll merge/move posts to the appropriate existing threads later, after we have more info on what's going on.

BeanE
 
Competence to Stand Trial

<1> "In 1994, the American Bar Association's Criminal Justice Mental Health Standards noted that 'the issue of present mental incompetence, quantitatively speaking, is the single most important issue in the criminal mental health field.' The most recent estimates are that between 24,000 and 60,000 forensic evaluations of criminal defendants for '"competence to stand trial' are performed every year in the United States." [The MacArthur Adjudicative Competence Study]

<2> It is well established matter of Constitutional law that the Due Process Clause of the Fourteenth Amendment prohibits the criminal prosecution of a defendant who is not competent to stand trial. Drope v. Missouri, 420 U.S. 162 (1975); Pate v. Robinson, 383 U.S. 375 (1966). (In a dissenting opinion to a writ of certiorari denial, Justices Marshall & Kennedy note that: "It is well settled that, if evidence available to a trial judge raises a bona fide doubt regarding a defendant's ability to understand and participate in the proceedings against him, the judge has an obligation to order an examination to assess his competency, even if the defendant does not request such an exam." (citing both Drope and Pate v. Robinson)(Porter v. McKaskle, 466 U.S. 984 (1984)).

West Virginia, following Supreme Court cases, has long held that a person who is mentally incapacitated or mentally incompetent cannot be subject to a criminal prosecution. See State v. Harrison, 36 W.Va. 729, 15 S.E. 982 (1982); State v. Hatfield, 186 W.Va. 507, 413 S.E.2d 162 (1991).

http://myweb.wvnet.edu/~jelkins/crimlaw/notes/competence.html


.....................................................................................................

Treatment of persons found incompetent to stand trial
L Pendleton


Persons found incompetent to stand trial comprise the largest group of psychiatric patients committed to mental hospitals through the criminal justice system in the United States. The law dictates that these patients receive short-term treatment aimed specifically at enabling them to stand trial with as little delay as possible. The author describes the treatment and assessment aspects of a program that admits approximately 200 trial-incompetent persons each year. During 1978, 90% of the 205 patients discharged from this program were certified by the treatment staff as competent to stand trial; 97.5% of that group subsequently completed the trial process

http://ajp.psychiatryonline.org/cgi/content/abstract/137/9/1098
 
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