Second competency hearing planned for woman accused of killing 1-year-old daughter
Trending
ST. CLAIRSVILLE - The attorney of the Belmont woman accused of killing her 1-year-old daughter has requested that a second evaluation be done to determine if she is competent to stand trial or could be found not guilty by reason of insanity.
Belmont County Public Defender Aaron Miller, attorney for Autum Sky Palmer, 20, also known as Autumn Stotelmyer, made that request during a hearing Monday morning before Belmont Common Pleas Court Judge Chris Berhalter. Palmer was charged in August for the shooting death of her daughter July 21 in their Buttermilk Road home.
Monday’s was a competency hearing to determine two evaluations — whether Palmer is competent to stand trial to determine whether she could be ruled not guilty by reason of insanity.
Berhalter asked Belmont County assistant Prosecutor Joe Vavra if he has had the opportunity to review both evaluations, which Vavra affirmed. Miller then informed Berhalter that he was requesting a second evaluation.
"I would agree with your assertion on law here on moving on to another evaluation on her issue of whether she’s not guilty by reason of insanity. The competency is more leave it to the court," Berhalter said.
He then asked Vavra if the state had any comments regarding Miller's request.
"We understand that it is defense counsel’s right to request a second eval on the not guilty by reason of insanity. So we’re certainly opposed to that," Vavra said. "On the competency issue, I don't really have an objection either because I think from an economic standpoint and a time standpoint, those can be done at the same time, so I’m not opposed to that happening either."
Berhalter granted Miller's request for both issues to be reevaluated.
He asked Miller if he has a specific individual selected to undertake the evaluations. Miller said he will contact Ohio Public Defender Kirk McVay for a recommendation instead of the professional he normally uses in hopes to speed up the process.
Berhalter asked Miller if Palmer is aware that the two new evaluations will impede her right to a speedy trial, which Miller confirmed.
"Mr. Miller, I’m not asking you to do the impossible, but give me a rough timeline so that we can set a date that would be useful," Berhalter said.
Miller replied that he will try to find a professional that can do the evaluations by the middle of next week.
"Sometimes McVay is busy since he does some capital cases, but I’m sure someone at the Ohio Public Defender’s office can give me a name and a contact, and I’ll try to get ahold of that individual," Miller said.
Berhalter then asked Miller when he believed it would be beneficial to schedule the next pre-trial hearing for Palmer.
“Depending on how long it takes to have those evaluations, I would think if I can contact someone now in October, hopefully we can have something in December," Miller said.
"If I don’t have evaluations back by December, I will file a motion to continue a hearing that is set at this time," Miller said.
Berhalter sat a pre-trial hearing for Nov. 30 at 10 a.m.
He added that if Miller needs to file a motion to continue based on the results or the evaluation not being completed, he can file the motion and address it at that time.