Linn County defendants rarely found incompetent to stand trial

LINN COUNTY — A murder trial and a sexual assault trial recently were put on hold because one defendant is being evaluated for a possible mental disorder and the other was found incompetent to stand trial.

Troy Davenport, 44, was charged with third-degree sexual abuse and lascivious acts with a child. He is accused of sexually assaulting a 13-year-old girl in 2013.

Diagnosed with a mental disorder, he was found not competent to stand trial, according to two University of Iowa psychiatrists working for the Iowa Medical and Classification Center (IMCC) in Coralville.

Next week, a judge will decide where to send Davenport to restore his competency. He could be sent to IMCC or may stay in the community for outpatient treatment, as requested by his attorneys. First Assistant Linn County Attorney Nick Maybanks will ask the court to maintain the previous bond and send him to IMCC.

Last month, a judge ordered that Bobbie Little, 32, charged with first-degree murder, be sent to IMCC to be evaluated for a mental disorder. He is accused of stabbing and killing Shanna Beyhl, 37, in her Cedar Rapids apartment April 4.

Little's lawyers asked for the evaluation based on Little's mental health history and the fact that he has been diagnosed with bipolar disorder and schizo-affective disorder that might prevent him from understanding the proceedings and assisting in his defense, according to the court order.

Maybanks said in his experience it's rare that a defendant is found incompetent to stand trial. Many times, a defense attorney will request an evaluation but the defendants are found competent.

Linn County Attorney Jerry Vander Sanden agreed, saying he couldn't remember any cases in which the defendant was found incompetent to stand trial. One recent defendant, Jabari Walker, who was convicted of kidnapping, didn't have a competency issue before or during the trial, but he was evaluated before sentencing after he attempted to jump over a fourth-floor railing.

Walker was pulled back from the railing by deputies and then went on a hunger strike and fell into a catatonic state pending trial. He was then evaluated but found competent and was sentenced.

Most of the defendants found incompetent to stand trial are sent to IMCC for an evaluation and to restore competency, said Dr. Harbans Deol, IMCC Medical Services director, said.

Deol said defendants who are being evaluated for a mental disorder are outpatients and only brought to the unit for four to six hours for the evaluation, then are returned to a county jail. If there are any concerns, he would ask for them to be inpatients.

The staff has only recommended two as inpatients out of 27 so far this year.

The restoration process can take 90 days to 18 months. The patients receive inpatient mental health treatment and are kept separate from the corrections side of the prison, Deol explained.

To restore competency for trial doesn't mean overcoming or eliminating a mental disorder.

'They (defendants) must be able to understand the court proceedings, who's involved and their roles in court like what the judge does, what the defense attorney does and what the prosecutor does,' Deol said. 'They also need to understand the charges brought against them.'

Deol said it may sound simple, but people with a mental illness often have a limited attention span, and the illness or disorder can hinder understanding. In many cases, this is the first time they have been evaluated and diagnosed with a mental illness.

And many times, once the person receives medication or the medication is properly adjusted, he or she will be competent to stand trial.

A multidisciplinary team consisting of a psychologist, psychiatrist, nurse, social worker, counselor, medical doctor, security and an activity specialist meet each week to talk about the patient and review the progress.

'We keep them busy while they're here, even when they aren't learning about the court proceedings,' Deol said. 'The activity specialist keeps them active and works on mind stimulation games.

Deol said the number of defendants being sent for restoration is going up.

• In 2013 the courts sent 58 defendants to IMCC, 19 of those were found incompetent and about 80 percent were restored.

• In 2012, there were 52, 7 were found incompetent and all were restored.

• In 2011, there were 43, 8 were incompetent and 50 percent were restored.

'We are the only forensic hospital in Iowa, so 99 counties are going through here.' Deol said. 'We are 90 percent full all the time.'

The unit is only 20 beds so there is usually a waiting list, Deol said.

'Last year, the waiting list was 12, today it's 25. The average waiting time is 30 days,' he said.

Deol said they are two permanent patients in the unit who were found not guilty by reason of insanity.

There have been times when defendants are sent to the unit and it's quickly assessed they are competent and don't suffer from a mental disorder, Deol said. The doctors and staff have the opportunity to spend more time with them and watch their behavior to determine if there is a real issue or if they are being deceptive.

Deol said the courts don't have to send all those needing evaluations to Coralville. The other four mental health institutes across the state, which are under Iowa Department of Human Services, could handle some of those orders.

'The more serious cases should come to us,' Deol said.

A hearing for Davenport to determine where he will be sent to restore his competency and a bond review is set Oct. 17 in Linn County District Court.

Little's court proceedings are suspended pending the outcome of his evaluation.