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Saturday, November 21, 2009
Ind. Courts - "Defense gets $72K for experts in Jada Justice case "
From the NWI Times today, a story by Bill Dolan. Some quotes:
CROWN POINT | The public will pay up to $72,000 to get a window into the mind of a 19-year-old Hobart woman accused of killing her toddler cousin, Jada Justice, earlier this year.Lake Criminal Court Judge Thomas Stefaniak Jr. gave public defender Lemuel Stigler authority to hire a number of psychiatric experts to examine Engelica Castillo for possible evidence of mental problems. * * *
Stigler contends Castillo appears to have significant mental health issues that require an expert to confirm and explain. Stigler noted Castillo has a history of illicit drug use and was raped at least three times before the age of 15.
"I have difficulty approving this amount of money," Stefaniak said. "When I order these funds to be spent, I know I have an obligation to be responsible with public funds and assure it won't be wasted."
The judge said recent court decisions leave him no discretion.
"Funds must be made available to satisfy our death-penalty standards. Not hiring experts would be error per se," he said.
If convicted without expert testimony, an appeals court could overturn the verdict and an order a new trial.
The prosecutor's office hasn't filed a death penalty murder charge against either defendant but is seeking a sentence of life without parole for Castillo, which triggers many of the same safeguards as for defendants in capital murder cases.
Posted by Marcia Oddi on November 21, 2009 08:47 AM
Posted to Indiana Courts