The Denver Post

Planned Parenthood suspect transferre­d to state hospital

- By Jordan Steffen Jordan Steffen: 303- 954- 1794, jsteffen@ denverpost. com or @ jsteffendp

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.

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