Deceased/Not Found MD - Sarah, 3, & Jacob Hoggle, 2, Clarksburg, 9 Sept 2014 *Arrest*

[HayLouise]

Judge Robert Greenberg did not say when he would issue his written opinion, on whether to dismiss Catherine Hoggle’s murder charges.

Neal Augenstein on Twitter

 

[HayLouise]

In court, State’s Attorney John McCarthy hypothesized Hoggle’s continued incompetency is based on “her psychological need for protection for not allowing her to come to grips on the horrificness of what she’s done.”

Neal Augenstein on Twitter

 

[HayLouise]

Judge Robert Greenberg seemed to disagree with the defense argument that the 5 year clock began when Hoggle was first found incompetent in 2015, when she was just charged w misdemeanors. The prosecution said it started when she was indicted for murders in 2017.

Neal Augenstein on Twitter

 

[HayLouise]

Greenberg said he believes “Perkins has no desire to lie or keep her institutionalized. I’m just a judge. I wear a robe. I’m not a doctor. The only evidence I have is that she’s not restorable.”

Neal Augenstein on Twitter

 

[HayLouise]

Troy Turner, father of Jacob and Sarah Hoggle told Judge Greenberg if Catherine Hoggle — “the woman who murdered my children” — doesn’t stand trial “the justice system is failing Jacob and Sarah.”



Neal Augenstein on Twitter

 

[HayLouise]

Defense attorney David Felsen told judge prosecutors are determined to continue case until she’s competent to stand trial: “They’re waiting, waiting, waiting. Well, we waited. And now we’re at the end of 5 years.” Felsen said there were many ways she could be civilly committed.



Neal Augenstein on Twitter

 

[HayLouise]

McCarthy told judge he has never had a incompetent defendant NOT eventually be restored. “Sometimes it take a long time.” McCarthy added: “Everyone in this community cared about what happened to those kids.”

Neal Augenstein on Twitter

 

[HayLouise]

Troy Turner told judge he wanted to represent Sarah and Jacob. He paraphrased to reporters what he told Judge Greenberg: “The fact that it’s two human beings, two tiny small human beings, my children, that were taken from me, gets kind of lost in what the story line could be.”

Neal Augenstein on Twitter

 

[HayLouise]

Troy Turner, to reporters, paraphrasing what he told judge: “People refer to it as a mystery. There’s absolutely no mystery. Catherine Hoggle planned, and carried out her plan to murder my children.”

Neal Augenstein on Twitter

 

[cocomod]

Troy Turner, to reporters, paraphrasing what he told judge: “People refer to it as a mystery. There’s absolutely no mystery. Catherine Hoggle planned, and carried out her plan to murder my children.”

Neal Augenstein on Twitter

Wow! That is pretty strong stuff. Planned and carried out! I pray for Troy. He is a warrior for his children.

 

[HayLouise]

Judge to issue written opinion on whether to drop murder charges against Catherine Hoggle

Judge to issue written opinion on whether to drop murder charges against Catherine Hoggle | WTOP

Neal Augenstein on Twitter

 

[HayLouise]

At 5 and 6–> a judge is weighing whether to drop charges against Catherine Hoggle in the murders of her two young children Sarah and Jacob in Montgomery County.

Vigil Marks 5 Years Since Hoggle Children Disappeared

Darcy Spencer on Twitter

 

[Look4Them]

I have a hard time understanding why they can't force her to answer where the children are!

 

[MissUnderstood]

If these charges are dropped does she at least have to spend the rest of her days in some kind of involuntary mental health facility? Surely she can’t just be out on the streets!!!

 

[alexwood]

Once the charges are dropped, I predict a speedy recovery.

ETA: (Duh.)

 

[HayLouise]

BREAKING: Judge will NOT dismiss murder charges against Catherine Hoggle in death of her two young children, who were last seen in 2014. Montgomery County Circuit Court Judge Robert Greenberg issued order today.



Neal Augenstein on Twitter

 

[HayLouise]

NEW: In ruling, Judge Greenberg says he finds Catherine Hoggle remains incompetent to stand trial, and is dangerous. But, he’ll delay ruling on whether he believes she can be restored to competency, and eventually stand trial.

Neal Augenstein on Twitter

Judge: Defense argued that 5 year deadline of being ruled incompetent began when Hoggle was just charged w misdemeanors ran out in January 2020. Greenberg says nothing in Md law allows defense to “tack on the District Court incompetency.”

Neal Augenstein on Twitter

Judge: Even if current murders charges were dismissed, “there appears to be no prohibition on the state’s successive re-indictment of a defendant after an (incompetency) dismissal, even without showing that the defendant is competent at the time of the new indictment.”

Neal Augenstein on Twitter

Def atty David Felsen argued prosecutors delayed indicting Hoggle for murder til 3 year misdemeanor deadline approached, so they could stretch it out another 5 years for felony. Judge: “The court rejects this notion, and agrees with the State that no one could have foseen that.”

Neal Augenstein on Twitter

Judge: “Once the misdemeanor charges were dismissed, the clock began to run on the felony charges.” Greenberg: “This case is not ripe for dismissal until Dec. 1, 2022.” He says the misdemeanor neglect and felony murder charges “are separate and distinct.”

Neal Augenstein on Twitter

 

[HayLouise]

As for testimony by Jacob and Sarah Hoggle’s father, Troy Turner, Greenberg said: “The grievous effect on his family is certainly relevant to the court’s determination, even though is decision on this issue was largely one of statutory interpretation.”

Neal Augenstein on Twitter

While stating mental health info is generally sealed, Greenberg used some in opinion: “Defendant’s paranoid schizophrenia was diagnosed long ago, in her teenage years. She was hospitalized in 2013, believing someone was about to perform an exorcism on her and cut off her limbs.”

Neal Augenstein on Twitter

Quoting report written shortly after 2014 arrest for neglect: “Hoggle has a well-established history of psychiatric symptoms, including auditory hallucinations, bizarre thinking and behavior, paranoia, and a flattened affect.” But, “her presentation is not regarded as feigned...

Neal Augenstein on Twitter

...and Hoggle is not diagnosed with Malingering.” Later, in 2017, Dr. Danielle Robinson, at Perkins wrote: “She engages in bizarre and irrational decision making and consistently fails to grasp the gravity of her situation,” and said the behavior is “psychotically-motivated” and

Neal Augenstein on Twitter

indicative of schizophrenia.

Neal Augenstein on Twitter

 

[HayLouise]

In last hearing, Judge revealed that Dr. Danielle Robinson, for the first time, believed Hoggle was NOT restorable. Prosecutors argued “there is no nationwide consensus on what restorability occurs in a given case, and that Hoggle has been prescribed so many medications that it..

Neal Augenstein on Twitter

...might be time to discontinue her present regimen and start all over again,” and that “unrestorable” is subjective. Judge: “The problem in this argument is that the State has offered no medical opinion to the contrary.” Greenberg: “This court disagrees that the law requires it.

Neal Augenstein on Twitter

..to wait until Dec. 1, 2022, to decide whether Defendant can be restored to competency, given the most recent report.” But, “the court nonetheless has concerns about concluding at this time that Defendant is unrestorable on the present state of the record.”

Neal Augenstein on Twitter

Judge: “A finding of unrestorability has great significance both for the course of Defendant’s future treatment, and the status of the present murder charges.” Judge Greenberg will set an evidentiary hearing in the near future, in which “the court intends to hear the testimony..”

Neal Augenstein on Twitter

...of Dr. Robinson....and any other member of Defendant’s treatment team at Perkins.” Greenberg says the only issue remaining is that of restorability: “The court finds her incompetent. The court also finds her to be dangerous to herself and the person or property of others.”

Neal Augenstein on Twitter

During hearing, prosecution can subpoena Dr. Christine Tellefsen, who was hired by the prosecution, but reached largely same conclusion as Dr. Robinson at Perkins.

Neal Augenstein on Twitter

 

[HayLouise]

So, recapping.....

Neal Augenstein on Twitter

Montgomery County Judge Robert Greenberg has rejected defense motion that murder charges be dropped against Catherine Hoggle, in the disappearance of two of her children, Sarah and Jacob. Greenberg rules Hoggle is incompetent to stand trial, but will hold a hearing to...

Neal Augenstein on Twitter

....to hear evidence about whether she could be restored to competency.

Neal Augenstein on Twitter