Parties Debate Defendant’s Competency in Kidnapping, Sex Abuse Case

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A felony sex abuse defendant was evaluated during a hearing to determine his competency.

The 56-year-old defendant is charged with kidnapping while armed, assault with a dangerous weapon and two counts of first-degree sex abuse while armed. The four-count indictment was handed down on Feb. 2, 2020.

The defendant is being held at St. Elizabeths Hospital, Washington’s psychiatric institution. During his hearing on June 6, defense attorney Andrew Ain told DC Superior Court Judge Rainey Brandt that the defendant suffers from several mental illnesses which include mood, thought and personality disorders.

Ain said the defendant has issues communicating with him and has changed his mind several times regarding plea deals.

“He doesn’t have a rational understanding of the case,” Ain said.

A licensed clinical psychologist in Virginia said the defendant was diagnosed with a variety of mental illnesses, including borderline personality disorder during the evaluation.

The defendant “has a pattern of instability and can be actively psychotic at times,” the witness said.

The witness also said the defendant has had delusions, voices and hallucinations.

However, the prosecution said the defendant is competent to stand trial because he has a “rational and factual comprehension” of the case. The prosecutor said the defendant had been deemed competent in the past and nothing has changed about his diagnosis.

“When [the defendant] is medicine-compliant, he is restored to compliance and remains compliant,” the prosecutor said.

The prosecution’s psychologist found insufficient evidence to sustain a borderline personality disorder.

The hearing on June 6 is the first of four proceedings to determine the defendant’s competency. The hearings are scheduled to continue until June 9 when the court is expected to hand down a competency ruling.