Imperial Valley Press

New mental evaluation of defendant sought

- BY JULIO MORALES Staff Writer

EL CENTRO — The District Attorney’s Office is seeking a court order to have murder defendant Ioan Laurint undergo an additional mental health evaluation after recently having been found incompeten­t to stand trial.

Assistant District Attorney Deborah Owen indicated to the court on Wednesday her plans to file a motion to have Laurint undergo a mental health Laurint evaluation by profession­als

chosen by the DA’s Office. Owen’s actions were prompted by reports submitted to the court last month by two Imperial County Behavioral Health Services employees that both determined Laurint was not competent to stand trial.

“I’m not willing to submit on the (ICBHS) reports,” Owen told the court.

Instead, Owen indicated she would exercise the people’s right to a civil trial by jury or the court on the matter of Laurint’s competency.

In response, Judge Christophe­r Plourd advised Owen to submit her motion for the court-ordered expert evaluation by the week’s end, in order to give Laurint’s defense attorney time to file an opposition to the motion by May 16.

Owen would also have until May 23 to submit a reply to the defense’s filing in opposition to the motion.

Parties are due back at the courthouse in El Centro on May 30 for a hearing on Owen’s motion.

Plourd also asked Owen on Wednesday whether she would seek a trial by jury or by the court, to which Owen replied she had not yet made up her mind.

In either case, the court or a jury would have final say about any determinat­ion of a defendant’s competency and are not bound by evaluators’ recommenda­tions.

San Diego-based defense attorney Donald Levine told the court Wednesday he was in agreement with the ICBHS reports’ determinat­ion that Laurint is not competent to stand trial, and indicated his opposition to Owen’s proposed motion.

“She’s not entitled to have her own expert evaluate Mr. Laurint,” Levine said.

Owen said that she had identified two mental health profession­als who would likely conduct the evaluation, if approved by the court.

On April 20, two ICBHS employees submitted reports to the court that determined Laurint was not competent to stand trial. The contents of those reports remain inaccessib­le to the public through the court or through counsel.

Laurint was not present in the courtroom during Wednesday’s hearing but is expected to be in attendance on May 30.

He is accused of fatally stabbing El Centro-based attorney Ann Marie Zimmermann on Feb. 17, 2017, at a motel room the two had occupied in El Centro. He previously told investigat­ors that he had no recollecti­on of how Zimmermann had died.

Criminal defendants found incompeten­t may have their trials postponed until they regain competency or have the charges dismissed.

Incompeten­cy is centered on whether a defendant is able to understand the charges they face and participat­e in their defense.

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