Given an expert witness’s recommendation and a homicide defendant’s outbursts, DC Superior Court Judge Anthony Epstein authorized the release of the defendant from the DC Jail to St. Elizabeth’s Hospital.
On Tuesday, a hearing was held to rule on whether the defendant was competent enough to stand trial.
His defense attorney, Madalyn Harvey, obtained an expert to evaluate the defendant. However, the defense has no record of the evaluation.
The expert allegedly deemed the defendant incompetent to stand trial.
Throughout the hearing, Simon was adamant about speaking for himself rather than the attorney doing it for him. He repeatedly expressed concerns, to Judge Epstein, about being unaware of why he was being held.
“What is my conviction?” he asked, interrupting Judge Epstein.
The prosecutor said he was unable to rule against or for anything due to the lack of knowledge about the defendant’s mental capacity, so he asked for another competence screening with a new expert.
Judge Epstein scheduled the new screening and set another mental observation hearing, where parties will discuss the status of the defendant’s mental state, for Feb. 27.Follow this case