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according to his lawyers.
Attorney Benjamin Brewer says that an expert who evaluated the boy says that the boy couldn't be restored to competency in the time allotted by law. This expert of one who was chosen by the defense. It'll be interesting to see if the expert on the prosecutions side came up with the same conclusion, if the results are ever released to the public before trial.
The boy's competency is at the core of the case.
The issue likely will be discussed at a hearing on a motion Brewer filed to suppress a police interview with the boy or during a competency hearing that could take place in January.
"That will be the biggest decision that will be made, for sure," he said.
If a judge finds the boy is incompetent and unable to be restored to competency within 240 days, the case could be dropped with prejudice, meaning it could not be refiled.
Prosecutors are worried the boy never will get the treatment he needs and the victims never will see justice if that determination is made.
If the boy is found fit to stand trial, Apache County Superior Court Judge Michael Roca will hear arguments in a bench trial that attorneys say could wrap up by midyear.
Attorney Brewer doesn't believe that the prosecution has a strong case against the child. The defense is asking Judge Roca to suppress evidence found at the home including " weapon, spent cartridges, blood samples, photographs and forensic material." That would pretty much kill the prosecutions case, don't you think?
I would note that gunshot residue was found on the boys clothing when he was taken into custody on November 5th,08.
Lead, barium and antimony, known to be associated with gunshot residue, were found on a pair of pants and a long-sleeved shirt taken by police after the Nov. 5 shootings, according to the report released by prosecutors Monday.
Whether the boy came into contact with a gun hasn't been a question in the case. The boy admitted to police that he fired at least two shots at each of the men, and defense attorneys say there's no question the boy was in the home with a recently fired weapon.
In an interview with police, the boy told investigators he could have walked into some "smoke" that was trapped in the hallway of the St. Johns home where the two men were shot and got some gunshot residue on his clothing as a result.
I'm beginning to think that this boy is a liar, not incompetent. After all of the changes in his stories to the police, he has guilty written all over his face and he should be prosecuted for those 2 murders which he has committed.
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