Planned Parenthood suspect transferred to state hospital
The man accused of killing three people at a Planned Parenthood clinic has been transferred to the state hospital in Pueblo for a mental health evaluation.
And a judge on Tuesday rejected a defense effort to block evaluators from asking Robert Lewis Dear Jr. about facts in the case or his mental state at the time.
In a motion filed Jan. 20, defense attorneys for Dear revealed they “received information” that the 57- yearold had been transferred to theColoradoMentalHealth Institute at Pueblo.
Dear faces 179 counts — including eight charges of first- degree murder — for the Nov. 27 attack at the Colorado Springs clinic. The 57- year- old was arrested after a standoff with police that lasted more than five hours.
University of Colorado at Colorado Springs PoliceOfficer Garrett Swasey was killed after he responded to a call for help from the clinic. Ke’Arre Stewart, 29, and Jennifer Markovsky, 35, also were killed.
During a hearing Dec. 23, Dear told Chief District JudgeGilbert Martinez that he wants to fire his public defenders and represent himself. Dear has repeatedly declared his guilt during hearings, claiming at one point that hewas “awarrior for the babies.”
Throughout the hearing, Dear interrupted the judge and attorneys, maintaining he was competent and accusing his attorneys of trying to drug him and turn him into “a zombie.”
Public defender Daniel King has used the outbursts to demonstrate his concerns about Dear’s mental health.
Martinez ordered Dear to undergo a competency evaluation after holding a closed hearing with Dear and his attorneys.
Dear vowed hewould not cooperate during the evaluation.
Court- appointed evaluators will try to determine if Dear is mentally competent to understand the proceedings and charges against him. Proceedings will remain at a standstill until the evaluation is complete.
This month, Dear’s attorneys asked the judge to prohibit evaluators at the hospital from asking Dear questions about “the facts surrounding the charged offenses in this case or Mr. Dear’s mental state at the time of the alleged offenses.” They argued that those issueswere irrelevant in determining whether Dear is competent.
Defense attorneys also sought to block the state hospital from disclosing any information about Dear’s evaluation to prosecutors. In their motion, Dear’s attorneys argued that prosecutors could use the information against him “at trial or at any potential capital sentencing proceeding.” Prosecutors— who say it is still too early to comment on whether they will seek the death penalty— objected to both motions.
The judge denied both requests from defense attorneys. A review hearing in the case has been scheduled for Feb. 24.