The man shot during an altercation with a university police
officer in Kerckhoff Hall in October 2003 may not be competent to
stand trial.
Questions about the defendant’s mental state arose soon
after he opted to defend himself early this March.
Judge Katherine Mader ordered three doctors to file reports on
52-year-old Willie Davis Frazier’s competency and reappointed
Frazier’s public defender.
Two of the doctors’ reports have been filed, but one,
scheduled to be received Wednesday, has not.
Defense Attorney John Raphling said Wednesday’s hearing
was the second time he had come to court expecting to receive the
report.
Frazier was allegedly trespassing in the Kerckhoff Hall second
floor study lounge on Oct. 5, 2003, when he was confronted by UCPD
officer Terrence Duren.
During the physical confrontation that ensued, Frazier was shot
twice. He has pleaded not guilty to two counts of assault and one
count of removing an officer’s weapon.
The next hearing is scheduled for May 27, when the third report
is supposed to come in.
Raphling said his client’s trial has been delayed too
long. In court, he told Mader he wanted to go on the record voicing
his dissent, noting that the doctor had not yet been able to gather
a report despite receiving the assignment some time ago.
Frazier has now been in jail for over six months, and Raphling
said there have been other delays as well. He remembers it took a
long time to receive evidence, reports and information during the
beginning months as well.
“In the early stages, it was like pulling teeth,”
Raphling said about gathering evidence from UCLA.
Mader said much of the delay was due to Frazier’s
behavior.
“Mr. Frazier has created more delay for himself,”
Mader said.
Frazier refused to show up in court during today’s
hearing, and has repeatedly refused to meet with doctors.
Deputy District Attorney Frank Tavelman, prosecutor for the
case, said he has encountered clients who have tried to fake a
different personality with doctors, but he has never encountered a
client who refused to meet with them.
The doctor is going to speak with people at the jail and observe
Frazier in order to file a report, Tavelman said. The doctor will
then provide an opinion on his competency.
After the last report is filed, the three will be considered
together. If the lawyers disagree on the doctors’ findings,
there will be a trial to determine whether Frazier is
competent.
If the lawyers agree Frazier is incompetent, he will be sent to
Patton State Hospital in southern California for
rehabilitation.
It is possible to stand trial after rehabilitation.
Tavelman believes Frazier is competent to stand trial now and
that he understands the charges against him.