BRENTWOOD, N.H. (AP) – An elderly Hampton woman accused of killing her sister told a psychiatrist she will commit suicide if convicted, the doctor testified Tuesday at a hearing to determine whether Helen Garland is competent to stand trial.

Garland, 75, is accused of beating Alice Keyho, 85, to death in their home in March 2004, but her second-degree murder trial has been delayed over questions about whether she understands the charges and can assist in her defense.

Dr. Albert Drukteinis, who spent several hours with Garland in March and reviewed her medical records, said she has a fairly good grasp of the facts of the case and how the legal system works, but suffers from a mild cognitive disorder that would make it difficult for her to defend herself.

He described her poor performance on several memory tests and said she wouldn’t be able to effectively consult with her attorneys, challenge the evidence against her or testify in court because she gets confused when trying to recount the details of her sister’s death. Jurors wouldn’t be able to tell whether Garland was being evasive or honestly couldn’t remember, he said.

“Where she gets into trouble is when she starts talking about the events themselves,” he said. “I don’t think she’s given a consistent story yet to anyone, even a fake consistent story.”

Authorities say Garland broke 22 of her sister’s ribs and backhanded her so hard the imprints of her rings were left in Keyho’s face, then left the body on an enclosed porch for several days. Garland, who initially told police she had never hit her sister, eventually acknowledged backhanding Keyho three or four times and kicking her with the side of her foot, but denied trying to kill her.

She told Drukteinis her defense at trial would be to say “she didn’t do it, because she did not” the psychiatrist testified.

“In fact, she said if she was convicted, she’d commit suicide,” he said.

Drukteinis’s testimony put prosecutors in the unusual position of asking the judge to reject their own expert witness. Assistant Attorney General Will Delker said state law allows judges to disagree with experts as long as they provide detailed explanations and pointed out that both Drukteinis and a psychologist who evaluated Garland said her condition might improve with medication if a more thorough workup revealed more about the cause of her impairment.

If defendants who have no memory at all of their crimes are not automatically declared incompetent, someone like Garland shouldn’t be either, he said.

“What’s important to recognize is she understands the trial process, she understands the role of the parties,” he said. “This is not a defendant who is so deficient she cannot stand trial.”

Judge Patricia Coffey did not immediately issue a ruling. If she finds Garland incompetent, the state has a year to try to have her rendered competent, but defense lawyer Barbara Keshen said her client had been through enough. She said the battery of psychological tests forced Garland to find out information about herself that she’s had a hard time accepting.

“The state is asking the court to subject Helen to a course of treatment she is not able to accept,” she said. “She does not want to have an MRI. She does not want to go the hospital and be put into a machine… To force her to do things she simply does not want to do, when there’s no benefit – there’s no legal benefit, there’s no medical benefit – is wrong.”

That drew a sharp response from Delker, who said Garland’s unwillingness to undergo an MRI was not the issue.

“She subjected herself to that when she killed her sister,” he said.

AP-ES-08-31-05 1818EDT