Supreme Court gives defense lawyers more leeway in mental health cases

By Cy Ryan (contact)

Thursday, Sept. 11, 2008 | 5:22 p.m.

CARSON CITY -- Criminal defense lawyers are going to get additional opportunities to prove their clients are mentally incapable of standing trial.

The Nevada Supreme Court has overturned the conviction of Angelo Fergusen, found guilty in Clark County of burglary, sexual assault, robbery and first-degree kidnapping.

After his arrest, Fergusen was transferred to Lake’s Crossing, the state’s center for the criminally insane in Sparks. After treatment, he was declared mentally capable of standing trial.

Fergusen was returned to Clark County, where his defense lawyers filed motions to be permitted to question in court the team that treated the defendant. The request was denied.

But the Supreme Court, in a decision written by Justice Michael Douglas, said Fergusen “should have been afforded a hearing as to competency because his request for a hearing was based in part on a claim that he did not have the sufficient present ability to consult with defense counsel.”

Douglas also said the defense lawyers “raised sufficient doubt as to Fergusen’s competency” after being treated at Lake’s Crossing.

In 2005 in Clark County, District Judge Jackie Glass was assigned to determine all competency matters. She denied the request for a competency hearing before trial. The case was then transferred to District Judge Stewart Bell for trial. Defense lawyers made motions for a competency hearing on grounds Fergusen was not communicating with his lawyers.

Judge Bell rejected the motion. The trial went forward and Fergusen was convicted.

In the decision of the Supreme Court, Douglas wrote that “upon a timely request, the district court must afford a defendant a hearing after the defendant has returned from a mental health facility such as Lake’s Crossing, which would allow counsel to examine and contest the report prepared by the treatment team.”

The court said that defense lawyers had a psychologist ready to testify that Fergusen was not competent to stand trial and to assist his attorneys.

The Supreme Court sent the case back to district court for a new trial as long as Fergusen is found to be mentally competent.

The court upheld the authority of the chief judge in Clark County to assign one of the district judges to determine competency of criminal defendants in the first part of the judicial hearings.

Cy Ryan may be reached at (775) 687 5032 or cy@lasvegassun.com.