Published on: Sunday, November 16, 2008
King defense: Insanity, please
NORTH PORT -- Michael King is the second man facing murder charges in North Port in a month to raise the possibility of using an insanity plea.
King, the primary suspect in the Jan. 17 abduction and murder of 21-year-old Denise Amber Lee of North Port, may never face charges if declared incompetent. He would then be sent to a state hospital for treatment, where he would remain unless declared sane. Only then could he be tried.
Carolyn Schlemmer, King's public defender, has asked for a competency hearing, although no date has been set.
Another accused killer, Patrick Dewayne Murphy, is also preparing for a possible insanity defense in the Coralrose Fullwood murder trial. Murphy's public defender John Scotese said his client waived his right to a speedy trial to undergo a monthslong battery of psychological tests, which could trigger use of an insanity defense.
The 27-year-old Murphy faces the death penalty if convicted of the rape and killing of 6-year-old Coralrose Fullwood of North Port on Sept. 17, 2006.
King's defense resembles Murphy's in requesting more time.
This is King's second defense request for more trial preparation time in a month. Schlemmer was granted a four-month trial date extension in October after saying she had 94 possible state witnesses to depose.
Paul S. Kling, a licensed psychologist who conducts mental health evaluations for the five-county 20th Judicial Circuit, reviews whether defendants are competent to proceed to trial.
"That means a person is capable of understanding the situation and participating in their defense," Kling said. "People should not go into court and not know what they're doing."
Conducting a competency evaluation may take months, depending on whether the person has an existing mental illness and a history of mental health problems.
"You can't just become crazy the day before you did it," Kling said.
The evaluation and competency hearing process may delay a case indefinitely if a defendant needs treatment.
An insanity defense could imply a person suffers from a mental disease or defect, which caused the defendant to not know what he was doing. Or, if he knew what he was doing, he didn't understand the behavior was wrong.
The state is seeking the death penalty for the 37-year-old King, who was to go on trial Nov. 10. Twelfth Circuit Court Judge Deno Economou set a new trial date for March 30, 2009.
Schlemmer said she was unable to start working on King's defense until she concluded involvement in another murder case in April.
"This is a capital case, which requires much more preparation and time than normal felony cases," Schlemmer said. "Counsel has much more to do, including additional motions, in order to adequately represent the defendant."
Schlemmer said she's already conducted more than two dozen depositions in venues including Sarasota, North Port, Fort Myers, Tampa, Deerfield Beach and Quantico, Va. The state lists 94 witnesses she could possibly depose.
King, an unemployed plumber from North Port, pleaded not guilty to charges he raped and murdered Lee after a Feb. 6 indictment.
E-mail:
toconnor@sun-herald.com
By TERRY O'CONNOR
North Port Assistant Editor
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