CASES WHEN COMPETENCY IS CALLED INTO QUESTION

 

CASES WHERE COMPETENCY IS CALLED INTO QUESTION

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  Many, many criminal defendants, after indictment, and initial

hearing date, decide, in the face of a lot of evidence, or

sometimes very little, to try to have the defendant take 

multiple parts of a psychological evaluation. Since there is 

someone assisting in "giving the test", their topics range far 

and wide. Once the COURT receives this information or 

evaluation, from the appointed test giver, it is turned over as

evidence and presented to both sides.

  In an example, as detailed below, was one of many cases,

where the defendant was trying to be convicted under the guise

of NG reason of insanity. However, of all cases, of every kind,

and specificity, it tries to detail as best it can TAYLOR

SHABUSINESS for the sake of a "Psychiatric Exam." Here is

what was revealed in her detailed psychiatric exam.

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 “The whole picture just doesn’t add up.” Those were the words of an independent forensic psychologist about her interaction with Taylor Schabusiness.

Schabusiness is accused of killing and dismembering a man in early 2022. With her trial now only days away, a final decision still needs to be made on whether she’s competent to stand trial.

Diane Lytton told the court she believes Schabusiness is not competent to stand trial. She said the defendant threw a chair at her during the first attempted meeting in February and refused to discuss her case.

“She then suddenly got up from her chair and yelled, and went to the corner of the room and picked up a chair fortunately it was a plastic chair and then she threw it at me across the room. First time in 32 years anybody threw a chair at me,” Diane Lytton explained.

Schabusiness also refused to speak to Lytton again later in February but they eventually met last month.

Taking questions from the prosecution and the defense, Lytton said she believes Schabusiness does not fully understand the proceedings and cannot participate in her defense.

“Despite her, knowing the basics about competency judgments, and guilty pleas she still exhibits this lack of insight and judgment, about her cases how to act in court, how to help her defense attorney to understand the proceedings,” Lytton added.

She described her findings that the evaluation was “bizarre,” saying Schabusiness’s expressions don’t match the context of the situation she’s in.

“She said that she had a thing with Jeffrey Dahmer a year ago and just numerous... comments about Johnny Cash being on a train. She went on and on about the train - how loud its whistle was and how Johnny Cash apparently overdosed on the train,” Lytton testified, adding: “The emotional expressions that are on her face don’t match what she’s talking about.”

Lytton also said that Schabusiness often went off topic: “She reported what we call command hallucinations, telling her to hurt herself or other people or other people.”

She also discussed what Schabusiness told her about the day she attacked former defense attorney Quinn Jolly: “I asked her about the attack on Jolly and what her thoughts were at the time and she said like courtroom, carnival atmosphere madness, in her head constantly>”

The judge will not issue a ruling at that time. He has to wait for a third court-appointed evaluation, which will happen next week.

Investigators say Schabusiness killed Shad Thyrion after having sex with him at his mother’s house in February 2022 and dismembering the body. Police were called when the mother found her son’s head in a bucket.

Schabusiness pleaded not guilty by reason of mental disease or defect - Wisconsin’s insanity plea - to charges including first-degree intentional homicide and mutilating a corpse.

She was supposed to stand trial last October and then February. October’s trial was rescheduled after the defense faced delays in getting its competency evaluation for its client. February’s trial was rescheduled after Schabusiness physically attacked her attorney in court and he withdrew from the case. She is on her third public defender.

As of right now, her trial is scheduled for the week of July 21. The judge has previously said he’s confident that testimony for both evaluations can be completed before jury selection begins.