INCOMPETENT?
LAWYERS ARGUE OVER MENTAL STATE AS SUSPECTED BABY KILLER FACES TRIAL
MEDIA COURTHOUSE » A Bryn Mawr psychiatrist has diagnosed accused baby-killer Ummad Rushdi with schizotypal personality disorder and determined that he is not competent to stand trial.
“His judgment about his ability to prevail, about the case, about what he would be presenting as a defense are so severely impaired that he lacks the sufficient capacity to stand trial,” Dr. Stephen Mechanick told Deputy District Attorney Stephanie Wills during a hearing Tuesday.
Rushdi, 33, is accused of killing 7-month-old Hamza Ali in August 2013 at his parent’s home in the 6600 block of Chestnut Street, Upper Darby, then transporting the body elsewhere and burying it at an unknown location.
He has been charged with first-, second- and third-degree murder, kidnapping and abuse of a corpse, for which he faces the death penalty. Delaware County Common Pleas Court Judge James Nilon is overseeing the case.
There have been significant delays in getting the case to trial due to the need for various expert reports to be completed. Mechanick’s report, based on two meetings with the defendant lasting more than three hours, was filed last Friday and should close out that phase of the prosecution.
Mechanick’s conclusions differ from that of forensic psychologist Dr. Drew Atkins, who opined that Rushdi suffers from schizophrenia based on his delusional beliefs, his inability to care for himself and his inability to hold steady employment, according to testimony presented Tuesday.
Mechanick said Rushdi’s inability to provide defense attorney Michael Malloy and death penalty counsel Scott Galloway with any meaningful assistance is not based on an intellectual disability or delusion, however, but rather from his belief structure.
“I think he has the capacity in the sense he has the intellectual capacity – he has the overall capacity – but his preoccupation with his spiritual beliefs is where he puts his time,” said Mechanick.
Rushdi allegedly indicated in talks with Mechanic that the devil or an evil spirit used him as a “vessel.” In this sense, Mechanick said, it was not that the devil made him do it; rather, it was actually the devil that did and not Rushdi.
Rushdi also believes himself to be a spiritual being on the “highest end of a pyramid of spirituality” that is tied to the points on the Star of David, according to Mechanick.
Mechanick said Rushdi does seem to have a fairly firm grasp on how the trial would operate and the roles of those involved. Rushdi had indicated that he would attempt to impeach his wife’s testimony at trial and understands that the odds would not be in his favor with a jury, which both appear to be rational and logical acknowledgements, Mechanick said.
But Rushdi does not believe that he has killed and does not believe that he is capable of possessing the malice necessary to do so, according to Mechanick. He understands the charges, but not the circumstances of the crime, the psychiatrist said.
“His defense is essentially to go out and say a bunch of things that would not meet the typical standards of evidence, even if they were allowed to present them to a jury,” said Mechanick. “His judgment is impaired in terms of how he understands a jury would respond to such presentations.”
Rushdi believes that he would prevail at trial because he has God on his side, Mechanick said. Should he be convicted, that would also be the devil at work.
“The devil is attacking me like the devil attacked Job,” Rushdi interjected at one point during Tuesday’s hearing. He also told Wills the basis of her case is deceit and that is how she would win.
“I have to remove the misconceptions of the jury that the prosecution is going to try to attempt to deceive them with,” he said.
Mechanick said that would essentially be Rushdi’s plan at trial – to speak directly to the jury and explain himself, after which they would fast and pray and see that he was not guilty.
“It’s not really a defense,” said Mechanick. “He understands conceptually that the odds are against him … but when it comes to really understanding the evidence against him, he’s basically dismissive and says it’s all lies and false. That’s not really a rational understanding of the weight of evidence against him.”
Malloy also pointed to a letter that Rushdi had sent Wills containing various phrases, which Mechanik described as “disjointed.” Rushdi was able to explain the concepts behind each phrase individually, Mechanick said, but they did not make sense as an overall communication.
Wills noted the legal standard for competency is not whether Rushdi actually contributes to his defense, but whether he is able to do so. Mechanick agreed, but said Rushdi does not appear to simply be making bad decisions and refusing to listen to counsel.
“This is not just a willful choice,” said Mechanick. “He’s not able to reasonably or rationally weigh various issues and make rational decisions, at least not well enough that he has the capacity to stand trial.”
Both sides are expected to file briefs ahead of a status hearing set for Sept. 5.