Competency test for suspect
Anaya Interrupts Court Proceedings
Man’s path to double homicide trial is on hold due to a competency test, which he says he will refuse.
Arthur Anaya’s path to trial in a double homicide case is on hold until a defense expert evaluates the Santa Fe man for competency to stand trial — tests that the defendant himself firmly told a judge Thursday that he will refuse to take.
“I wasn’t asked about it,” Anaya told District Court Judge Stephen Pfeffer, interrupting the proceedings from his seat at the defense table during a motions hearing. “I feel my rights are being violated ... I told you I’m not going to take it.”
Nevertheless, Pfeffer granted a motion from defense attorney Joseph Campbell to have Anaya evaluated for competency by William Foote, a psychologist based in Albuquerque. However, the judge told Campbell to work out a location in Santa Fe for the testing with the Santa Fe County Sheriff’s Office.
This came after prosecutor Tim Williams, participating by telephone, said his primary concern about such an evaluation was security, saying Anaya is dangerous and poses a high risk of fleeing custody. Campbell did say his motion calls for Anaya’s shackles to be removed during the two days of testing with the psychologist.
Anaya is charged with two open counts of murder in the deaths of Austin Urban, 16, and Theresa Vigil, 51, after he allegedly shot and killed them during an argument about overdue rent on Jan. 23. Vigil and her daughter, Natalie, were staying in a mobile home off Rabbit Road, south of Interstate 25, that Anaya owned. Urban was Natalie’s boyfriend.
Earlier this year, psychologist Susan Cave, operating on behalf of the court, found Anaya competent to stand trial. In May, Campbell told Pfeffer he would accept that finding, but that he had some reservations about how it was performed.
Campbell told reporters Thursday that his reservations about the thoroughness of the previous exam continued, so he decided this was the time to pursue another evaluation with his chosen expert.
He told the judge his intention was not to delay a trial, but that he was waiting for other matters to be settled before pursuing the competency question. Jury selection had been scheduled for Oct. 30.
Depending on the results of the forensic evaluation, the prosecution also could ask for its own mental health expert to assess Anaya.
The accused murderer asked the judge Thursday, “What if I refuse to take the tests? I’ve been tested before.”
Pfeffer didn’t answer that question, and Campbell said after the hearing that such a refusal would be among the factors Foote would take into account in his analysis.
Before being sentenced to prison for violent crimes in 2005, Anaya had spent about a decade in state custody while his competence to stand trial was assessed and debated. He was released from prison in 2009.