Dayton Daily News

Middletown woman ruled incompeten­t

- By Lauren Pack Staff Writer

A Middletown BUTLER COUNTY — woman charged with plotting to kill an acquaintan­ce has been declared incompeten­t to stand trial.

Jody Back, 49, of the 800 block of Fifth Avenue, was in Butler County Common Pleas Court on Thursday as Judge Greg Stephens considered the results of three court-ordered psychologi­cal evaluation­s before making the determinat­ion.

Back was arrested Sept. 28 by Middletown police and charged with conspiracy to commit aggravated murder, a first-degree felony.

The results of the first evaluation indicated Back did not understand the court proceeding­s and was unable to assist her attorney with her defense, so she was unable to stand trial. A second evaluation conducted by a different forensic psychologi­st indicated Back was competent.

Stephens ordered a third evaluation. That evaluation said Back is able to understand the nature of the proceeding­s and is not capable of assisting in her own defense, so she is incompeten­t.

The judge indicated both doctors who said Back was not competent indicated she could be restored to competency with treatment within the amount of time required by law, which is one year.

Before making the ruling, Stephens said when considerin­g these reports there must be some considerat­ion that a person may be malingerin­g or “faking” to get out of something.

“I know one (psychologi­st) questioned whether or not the defendant was exaggerati­ng the circumstan­ces,” Stephens said. “Ms. Back, no offense, I don’t think you are good enough to malinger and fake out more than one profession­al.”

Back muttered “no” and shook her head.

Stephens said his take on the evaluation­s is Back has the ability to be competent and sometimes she is “with it and sometimes she is not.”

Back was ordered to be admitted to Summit Behavioral Healthcare facility in Cincinnati for treatment. A hearing was set to determine if she had been restored to competency on Feb. 10, 2020.

Middletown police say Back wanted the alleged intended target out of the way so she could leave the country with her daughter.

Back met with a confidenti­al informant on Sept. 26, 27 and 28, 2018, to negotiate a monetary deal to have another woman killed, according to court records obtained by this newspaper. Back provided an address for the woman and a time frame to have her killed.

The confidenti­al informant contacted police on Sept. 26 and told them that Back was trying to hire to kill the woman, according to detectives

The informant indicated the agreed amount was $5,000, but Back said she could not afford the price. That is when there was an agreement to turn over a house she owns on Yankee Road to the informant.

While Back was under surveillan­ce by the police department, she went into a local credit union and signed over the house to the informant. Back was arrested shortly after. She is being held on a $250,000 bond. Contact this reporter at 513705-2841 or email Lauren. Pack@coxinc.com.

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