Elizabeth Johnson's Court Hearings & Charges

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Holy WOW!!! I hope and pray with medication her psche will improve and she will tell the truth and location of G. THIS is insane!!
 
 
This just makes me all the more angry with TPS! No way she didn't know EJ was a <unusual person>, she was mentally incompetent and the perfect victim for TPS...so wonder how this latest news will effect TPS's trial?
 
Wow. I am afraid this isn't good for little Gabriel.
 
momtective said:
Incompetent/Insane...are they the same?
Click to expand...

Some discussion in the Legal Questions thread about this, around this post:

[ame="http://www.websleuths.com/forums/showpost.php?p=5127981&postcount=77"]Websleuths Crime Sleuthing Community - View Single Post - Legal and Law Questions - * No Discussion *[/ame]



and some more info here:


BeanE said:
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
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So I guess maybe it depends on whether or not she's found restorable.
 
momtective said:
This just makes me all the more angry with TPS! No way she didn't know EJ was a <unusual person>, she was mentally incompetent and the perfect victim for TPS...so wonder how this latest news will effect TPS's trial?
Click to expand...

Me too MomT. But for TPS and her involvement, I think Gabriel would be home with his dad and EJ might have a life - TS goes to trial with a missing child and the mother's descent into madness. She would not want me on the jury.
 
No way -- if she was competant to have a plan and carry it through, then she isn't crazy or insance, or incompetent to stand trial. What's her past history? Is she Bi-polar, schitzophrenic. There has to be a past before they can declare this. This girl seems a heck of a lot saner than Andrea Yates. Even those yahoos in the Elizabeth Smart case. Nope - not buying it. I just think she's faking it.

JMO of course.

Mel
 
reminds me of Kenneth Bianchi-didnt he have a host of psychiatric evals before they figured out he was faking?

[ame]http://en.wikipedia.org/wiki/Kenneth_Bianchi[/ame]
 
mgardner said:
No way -- if she was competant to have a plan and carry it through, then she isn't crazy or insance, or incompetent to stand trial. What's her past history? Is she Bi-polar, schitzophrenic. There has to be a past before they can declare this. This girl seems a heck of a lot saner than Andrea Yates. Even those yahoos in the Elizabeth Smart case. Nope - not buying it. I just think she's faking it.

JMO of course.

Mel
Click to expand...

I completely agree! I was just too angry in my above post to type anything else. She is fooling everyone! Poor Gabriel. Poor sweet Gabriel.

ETA I am sure TPS is LOVING this.
 
mgardner said:
No way -- if she was competant to have a plan and carry it through, then she isn't crazy or insance, or incompetent to stand trial. What's her past history? Is she Bi-polar, schitzophrenic. There has to be a past before they can declare this. This girl seems a heck of a lot saner than Andrea Yates. Even those yahoos in the Elizabeth Smart case. Nope - not buying it. I just think she's faking it.

JMO of course.

Mel
Click to expand...

Those are two very different issues - she has been found incompetent to stand trial - therefore she is unable to help her attorney properly represent her. There are two standards that are used across the US - Dusky standard and ...i am totally blanking on the other (will have to dust off my textbook!). Each state decides which standard they will employ.

What has happened is not an assessment of competency at the time of the crime. That is a whole other can of worms!

There doesn't have to be an established past in order to declare this, it is based on an psychologist's assessment of her mindset right now.

Also - it is actually very hard to feign incompetency! I finished my MA in Forensic Psychology last summer and we had lots of classes for forensic assessment. Many of the psychometric tools that are used in the court system have questions/entire sections that are included to catch feigning (faking psychological issues), and also forensic psychologists who complete these types of assessments are specifically trained to look for that kind of thing. One that can be used within the court system is the MMPI ([ame]http://en.wikipedia.org/wiki/Minnesota_Multiphasic_Personality_Inventory[/ame]) - check out the section marked 'validity scales' :) I took an enitre class on the MMPI and one of our first assignments was to take the MMPI, however our professor gave us a 'personality or issue' that we had to answer the questions as if we had that personality or issue - it was very intersting to see that the validity scales catch people very easily!
 
Gee Whizz..I'm lost for words...not really! Well her new digg looks pretty nice. I guess, if I knew I was going to be in jail for awhile, might as well, do what I have to do to make it more comfortable for ME! .... hummmmm... my goodness! In-patient or out-patient...anyone know??
 
kappy50 said:
Gee Whizz..I'm lost for words...not really! Well her new digg looks pretty nice. I guess, if I knew I was going to be in jail for awhile, might as well, do what I have to do to make it more comfortable for ME! .... hummmmm... my goodness! In-patient or out-patient...anyone know??
Click to expand...

According to what it says above from the Maricopa website, since she's already in custody, it will be inpatient.
 
mgardner said:
No way -- if she was competant to have a plan and carry it through, then she isn't crazy or insance, or incompetent to stand trial. What's her past history? Is she Bi-polar, schitzophrenic. There has to be a past before they can declare this. This girl seems a heck of a lot saner than Andrea Yates. Even those yahoos in the Elizabeth Smart case. Nope - not buying it. I just think she's faking it.

JMO of course.

Mel
Click to expand...


EJ filed a motion to replace her first PD that would pass muster in most law firms. That same lawyer had no trouble convincing EJ in the custody hearing to take the fifth. Her civil lawyer for the custody hearing had no trouble working with her to put forth her position.

If defendants in AZ can avoid trial for an inability to think logically, sheesh- that's why they got caught in the first place.
 
WOW! I am COMPLETELY and utterly shocked!!!!!!!

I was not expecting this at all.

Now, she'll never tell what she did with Gabriel.
 
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