"The public defender's concerns effectively pause the criminal case against Cedric Irving Jr. while psychologists evaluate whether or not he is mentally competent to be prosecuted. If it is determined that he is not, Irving could be sent to a state hospital for treatment, with the goal of restoring his ability to understand court proceedings. The move casts a fresh spotlight on Irving's mental well-being, after he initially told investigators after his arrest that Beam had placed "witchcraft" on him sometime before the shooting."
"The matter of Irving's mental competency pertains solely to whether or not he understands court proceedings and can aid in his own defense. It is a completely separate legal matter from his mental state at the time of the killing, meaning it has no bearing on whether or not his attorneys could seek an insanity defense at trial. Irving's public defender, Sydney Levin, said during a hearing Wednesday there was "substantial" evidence that her client was not competent."
Defense counsel raised doubts about Cedric Irving Jr.'s competence to stand trial, prompting a pause while psychologists assess his ability to understand proceedings and assist in his defense. If declared incompetent, Irving could be hospitalized for treatment aimed at restoring competency. He told investigators that John Beam had placed "witchcraft" on him before the shooting, prompting concern about his mental state. Competency evaluations address present fitness for trial and are separate from assessments of his mental state at the time of the killing or any potential insanity defense. The judge ordered two psychological evaluations after the public defender cited substantial evidence of incompetence.
Read at The Mercury News
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