PARIS – A judge has ruled that Christian Nielsen, a 32-year-old Newry man accused in the grisly murders of four people last year, is mentally competent to stand trial.
“While this court does not doubt that it is frustrating and difficult for defense counsel to interact with Nielsen, Nielsen’s seeming lack of interest in communicating with his attorneys is insufficient to render him legally incompetent to stand trial,” Justice Robert E. Crowley wrote in the 14-page decision.
The decision was filed in Oxford County Superior Court on Thursday. The two-day competency hearing took place Friday and Monday.
“Obviously we’re very pleased with the ruling,” Assistant Attorney General Andrew Benson said. “We think it was a very well-reasoned decision.”
A competency hearing determines whether a person has the ability to understand the charges brought against them, comprehend their own condition in relation to the charges, and work with counsel to form a rational and reasonable defense.
While the expert witnesses for both sides agreed that Nielsen understood the charges and his relation to them, defense attorney Ron Hoffman argued that Nielsen was disinterested in working with counsel.
Crowley said Nielsen “is engaged and responsive and capable of answering a question in a rational way.” He determined that Nielsen has the ability to communicate with his attorneys, even if he does not show the initiative to do so.
“While it is certainly unfair to subject a defendant to trial when he lacks the capability to take part in his own defense, it is not unfair to subject him to trial when he simply chooses not to take part,” Crowley concluded.
Dr. Ann LeBlanc, head of the State Forensic Service, testified Nielsen suffers from schizoid personality disorder, which hinders interpersonal reaction and display of emotion. However, she said Nielsen’s condition did not include any history of psychosis or delusion, and that emotion is not a key factor in determining competency. She also said Nielsen had correctly answered 43 out of 44 questions on a competence assessment test.
Dr. Charles Robinson, a forensic psychologist retained by the defense, testified Nielsen had the cognitive and perception skills to go to trial, but was not cooperating with attorneys and did not seem to care about the outcome of the case.
He said that it was impossible to determine whether Nielsen was unable or unwilling to communicate with his lawyers.
Crowley said Robinson’s conclusions of incompetence lacked evidence to support them beyond an observation that Nielsen has difficulty identifying his emotions and the emotions of others.
Nielsen testified Monday that he would prefer to plead guilty to the murders than go to trial, if found competent.
Crowley said that his testimony demonstrated trial strategy and a rational understanding of the case and the criminal justice system.
Benson said Nielsen’s stated preference may be a matter of speculation at this time.
“Right now I have to assume it’s going to a trial,” he said. “It’s too early to know whether there’s going to be a plea.”
“I agree with Ann LeBlanc and Dr. Robinson, Mr. Nielsen ‘is not a mentally healthy person’ and there is no way to know what is going on inside his head,” Hoffman said in a statement Thursday. “Therefore, at this time, I cannot comment on whether Mr. Nielsen may plead or go to trial.”
At Monday’s hearing, Hoffman said he was concerned that Nielsen would be injured or killed if he went to prison. Nielsen is a patient at Riverview Psychiatric Center in Augusta, and will remain there if found not criminally responsible by reason of insanity or mental disease or defect, which is his current plea.
Nielsen was residing at the Black Bear Bed & Breakfast in Newry and working as a cook in Bethel when the bloody killings occurred over Labor Day weekend last year. He is charged with shooting, dismembering inn guest James Whitehurst, 50, of Batesville, Ark., on Sept. 1, 2006, in Upton. Whitehurst’s burned remains were found buried in a shallow grave three days later by police.
Nielsen is also charged with killing inn owner Julie Bullard, 65, in her bed on Sept. 3, 2006; Bullard’s daughter Selby Bullard, 30, and Selby’s friend Cindy Beatson, 42, both of Bethel, on Sept. 4 when they arrived at the inn to check on Julie. All three women’s bodies were dismembered.
Nielsen’s parents found him at the inn hours after the last two shootings and notified police. Nielsen told his father he was going to take over the inn, according to a state police affidavit.
Nielsen’s trial is scheduled to begin Oct. 9.
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