Fight over mental evaluation to go to high court

Friday, June 21, 2002 | 9:56 a.m.

The state Supreme Court will decide whether attorneys prosecuting a Las Vegas man accused of stabbing his estranged wife to death in front of their 6-year-old son will examine the man's psychological evaluations.

Deputy Public Defender Nancy Lemcke sought to protect the reports of Saul Garcia Lopez, citing the Fifth Amendment.

District Judge Michael Cherry refused Thursday to reconsider an earlier order to hand over the evaluations but postponed enforcement, telling Deputy Public Defender Nancy Lemcke to take it to the Nevada Supreme Court.

"You have an uphill fight," Cherry told Lemcke. "But I invite you to make this fight."

The court postponed Lopez's arraignment in May after a grand jury indicted him for the Feb. 25 death of Maria Cecilia Lopez, 33, because at least one mental health expert believed Lopez, 35, is incompetent to stand trial.

Prosecutors say the need to read the evaluations to determine whether Lopez is competent.

Prosecutors said in May that they plan to seek the death penalty in the case. In addition to murder with a deadly weapon, Lopez is charged with aggravated stalking, burglary and child abuse and neglect, because his youngest son witnessed the slaying.

The boy, who suffers from nightmares, is in therapy, the victim's sister said.