Every time this trial came close to happening for Lori, she was deemed by the defense to be incapable of defending herself
and needed mental health support. Happened twice. Finally, the judge agreed to drop the death penalty if the trial
could occur in a timely manner.
That's not how it worked (on either issue).
The determination that Lori was incapable was NOT a decision by the defense, but rather by COURT-appointed independent experts. That was followed by independent treatment, and eventually an independent determination was made that she was capable.
And the dropping of the DP had NOTHING to do with the delays for incapacity. If anything, those delays offered the prosecution MORE opportunity to get their ducks in a row in a timely manner, giving them MORE time to provide full evidence disclosure to the defense by the deadline as required, which they unfortunately failed to do.
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