Defense Counsel Disagrees with Mental Exam for Murder Defendant

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A DC Superior Court judge continued a mental observation hearing for a defendant accused of killing his father.

Brandon Byrd is charged with second-degree murder while armed for allegedly stabbing 44-year-old Otis Byrd in the parking garage by the Children’s Medical Center on Aug. 10, 2016.

Byrd, 24, was charged on Aug. 11, 2016. He underwent a forensic psych exam the next month, and was found incompetent to stand trial.  He was sent to St. Elizabeth’s, where he has been ever since.

During the Oct. 16 hearing, Judge Michael Ryan found Byrd incompetent to stand trial following a report from the Department of Behavioral Health (DBH.) However, the DBH report stated that Byrd is likely to regain competency in the foreseeable future.

Byrds’ attorney, Craig Hickein, disagreed with the report’s findings, arguing that his client  is unlikely to regain competency. He chose to have another study done by their own psychologist.

Judge Ryan granted the request, giving Hicken four weeks to get it done.

The prosecution also requested another update on Byrds’ competency to be done by DBH before the date of their next hearing. Judge Ryan said that it is a sensible thing to do and agreed to their request.  

The defense and the prosecution agreed to exchange reports.

“Thank you for your patience, Mr. Byrd, and for working with the hospital,” said Judge Ryan.

Byrd’s next mental observation hearing is scheduled for Nov. 18.

This article was written by Emily Pengelly