Closing Arguments Delivered in Mental Observation Hearing

By Sofia Marcus [former] - June 16, 2023
Court | Daily Stories | Sex Abuse | Suspects | Victims |

On June 16, closing arguments from both parties were delivered in a lengthy mental observation hearing for 57-year-old defendant Joseph Evans.

Evans is charged with kidnapping while armed, first degree sexual abuse while armed, and assault with a dangerous weapon for his alleged involvement in an incident that occurred on Sept. 23, 2012 on the unit block of K Street, NE. According to court documents, a gun was fired during the incident.

The defense finished their cross-examination of a psychologist from the DC Department of Behavioral Health (DBH), which performed evaluations measuring Evans’ mental competency. 

In this hearing, the witness revealed that Evans has been more cooperative and rationally understands the charges he’s facing. 

Prosecutors questioned the witness once more, asking her how she determines one’s rational understanding without access to certain evidence. She said she uses hypothetical scenarios, existing evidence available to her, court documents, among other methods.

Evans had insisted that DNA results were fabricated during an evaluation performed by the witness, saying that “They can just swab your mouth with a Q-tip and say you’ve done it.” The witness said that Evans wants to get additional testing to ensure accuracy.

Although he interrupted during the hearing, the witness said that does not change her opinion that he is competent.

“It’s not a reflection of a mental illness,” the witness said, regarding his outbursts in court.

In the defense’s closing, they argued Evans should be found incompetent, because he’s inconsistent in decision making, has difficulties dealing with other’s reactions and has unstable goals. He has poor judgment, poor insight, and delusions, which are all signs of schizo-affective disorder, a mental illness consisting of schizophrenia and mood disorder symptoms, the defense asserted.

The prosecution, on the other hand, argued that Evans is able to make decisions for himself. They also pointed out that delusions did not arise in evaluations with the witness and that his views are not a reflection of psychosis.

“Lack of insight does not necessarily equate to incompetency,” said prosecutors.

DC Superior Court Judge Rainey Brandt said she needed more time to make a ruling, and the court will bring in their own expert before the judge can make a decision on this matter.

Judge Brandt says it is time for “someone who is only answerable to the court in this equation.”

Parties are expected back in court on June 23.