FARMINGTON — A Franklin County Superior Court justice on Tuesday ordered a New Sharon woman to get a psychiatric evaluation to determine whether she is competent to represent herself in a criminal trial.

Carol Murphy, 65, convicted of an animal cruelty charge in 2005, is facing charges of assault on a police officer, refusing to submit to arrest, criminal
use of an electronic weapon and three counts of cruelty to animals
stemming from an Oct. 14, 2009, incident.

Murphy refused to walk into the courtroom Tuesday for a hearing on pretrial motions. Franklin County Sheriff’s Deputy Michael McKellar had to wheel her into court in an office chair.

The defendant, wearing hand and ankle cuffs, was scheduled to stand trial Wednesday.

Justice Michaela Murphy delayed the trial Tuesday and ordered Carol Murphy to undergo evaluation by the state at Riverview Psychiatric Hospital in Augusta.

Murphy has remained in a Somerset County jail, held on $10,000 cash bail or $100,000 worth of real estate, since her arrest at her Lane Road home in October. She is accused of shocking State Trooper Aaron Turcotte with a 975,000-volt stun gun when he went to her house to arrest her on a warrant for unpaid fines and fees. Turcotte also went to check out a complaint lodged against Murphy by People for the Ethical Treatment of Animals, which claimed she was in possession of animals. Murphy is banned from owning or possessing animals for life due to her previous conviction.

State animal welfare agents seized about 40 animals from Murphy’s home in October and received custody of them after petitioning the court.

A jury was selected Monday for the trial.

Justice Murphy denied Carol Murphy’s two pretrial motions on Tuesday. She claimed the case should be dismissed because the state has no jurisdiction over it and that her constitutional rights were violated in 2004 and 2009. She also claimed the seizure of animals and items in both cases were illegal.

Justice Murphy said Trooper Turcotte’s actions were lawful and the bench warrant was valid. The justice also denied Murphy’s request for the judge to recuse herself from the case. The defendant declined to participate in court proceedings, repeating several times that the state did not have jurisdiction over the case.

“You’ll do it without me,” Carol Murphy said. “It is a waste of my time and yours.” 

Justice Murphy approved Assistant District Attorney James Andrews’ motion to determine Murphy’s mental status. He asked that the court order Murphy to undergo further examination and observation at Riverview hospital. Murphy will be observed by a state forensic team while she goes about everyday tasks to determine her competency to defend herself on the charges. The assault charge carries up to five years in prison. Each of the other charges is punishable by up to 364 days.

Murphy refused to participate in evaluations of her mental health in 2005 and 2009, said Dr. Ann LeBlanc, director of State Forensic Services. LeBlanc said she believed a period of further examination might help her determine whether Murphy suffers from a paranoid personality disorder or a fixed delusional order, either of which could compromise Murphy’s competence.

LeBlanc also testified that State Forensic Services do not ordinarily conduct examinations to determine a mentally ill but competent defendant’s ability to get a fair trial if she elects to represent herself, which are the issues before the court.

According to Justice Murphy’s order, State Forensic Services will be given a reasonable length of time to determine whether Carol Murphy suffers from a mental disease or defect.

“If she does, it can also perhaps be determined if her competence skills are compromised by her illness,” the justice said. “If she suffers from mental illness but is still competent, the court would have the benefit of an appropriate diagnosis to inform its decision on whether Ms. Murphy can receive a fair trial if she insists on representing herself. In addition, the court can have the benefit of an appropriate diagnosis in determining whether Ms. Murphy has knowingly and intelligently waived her right to counsel.”

Forensic Services must submit a report on its findings by Monday, Feb. 22. The court intends to conduct a jury trial in either late February or early March.

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