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December 19, 2001     Feather River Bulletin
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December 19, 2001
 

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SA Wednes(:lay, Dec, 19, 2001 Court News By Dave Keller Staff Writer Plumas County Superior Court Judge Alan H. Thieler ruled Monday, Dec. 17, that accused killer Rain Dancer Dickey.O'Brien is not compe- tent to stand trial. The ruling was issued by Thieler after he reviewed three psychological reports. Each of the doctors believe that Dickey-O'Brien is capa- ble of understanding the charges against him, includ- ing the allegation that he killed Forest Service worker Mark Levitoff nearly two years ago near Lake Almanor. But, they countered, the de- fendant is not capable right now of assisting in his own defense. Until he is capable, it is not legal for Dickey-O'Brien to be tried on the charges. The ruling is not related in any way to the issue of whether the suspect was in- sane at the time he allegedly took the Westwood man's life. In fact, the doctors who ex- amined Dickey-O'Brien be- lieve that, with the proper by the psychologists' opinions medication and treatment, that Dickey-O'Brien is not the suspect will be ready to able to help in own de- stand trial in the future. fense. "-. It is likely Dickey-O'Brien Some of the concernsabout will be able to stand trial the defendant's competency to sometime in 2002, possibly stand trial were raised in a re- during the first six months, port by Dr. Bruce W. Ebert, Following Thieler's ruling, one of the psychologists who the judge ordered the director interviewed Dickey-O'Brien. of the county's mental health Ebert characterized the sus- department to determine the pect "as very strange and appropriate treatment and fa- paranoid" and suffering from cility for Dickey-O'Brien. "severe mental illness." Dickey-O'Brien is sched- The doctor said he also saw uled to return to court Jan. 8 evidence that Dickey-O'Brien so that Thieler can issue an suffers from "overwhelming order for the suspect's treat- delusions," as exemplified by ment. the suspect's concerns that A trial was scheduled next the county jail is U'ying to poi- month to determine Dickey- son his food and his belief O'Brien's competency, but the that his jailers have beaten Plumas County District Attor- him at least 50 times. ney and the suspect's attor- Dickey-O'Brien, 23, was ar- ney agreed to let Thieler de- rested nearly two years ago in cide instead. Utah after evidence led inves- Thieler's ruling was issued tigators to a campground without any oral arguments there. from Deputy District Attor- A year ago, Kaufman or- ney Jeff Cunan and defense dered the defendant to answer attorney Janet Hilde. to an allegation that he killed The issue of competency Levitoff. was triggered, at least in part, Dave Keller Although McIntosh told the Staff Wnter judge he was not happy with Greenville's David McIn- the delay, he said he was will- tosh will not be tried for the ing to go along with it rather 1984 slaying of Portola's Heidi than replace defense attorney Fredette until March 2003.Rolland Papendick. The trial was set last week The 53-year-old McIntosh in Tehama County Superior was arrested in February and Court by Judge Dennis E. charged in the murder of Fre- Murray. dette, who was kidnapped The lengthy delay stems from Portola and then killed from the fact that McIntosh's in Paynes Creek in Tehama attorney already is working County. on a Shasta County death Law enforcement officials penalty case, which will not connected McIntosh to Fre- conclude until the end of next dette after a California De- year. partment of Justice test con- Pretrial motions will be firmed that a DNA sample heard starting in January provided by McIntosh while 2003. in prison matched a fluid Attorney appointed for By Dave Keller cerned that he could not de- Staff Writer vote the time and energy Truckee's John Kennelly needed to represent the has been appointed by a judge Greenville defendant and still to represent Terry LeFavour, represent other clients in his who is accused of killing his role as public defender with infant son in an assault, the county. Kennelly was asked to be LeFavour has entered not LeFavour's attorney after guilty pleas to counts of tour- public defender Doug Prouty der and assaulting a 5-month. withdrew from the case. old child with enough force to Prouty said he was con- caused its death. sample taken from the scene. If convicted of the McIntosh could death penalty. The Plumas tive's prior felony cludes eight convictio$ )l cluding kidnapping, raI assault with intent to col r Bishop Oonsecu Jlt of the ~ol Dist] I, and Jol e to succe Portola or Paynes Creel boa: Some of the informat'. t of the this article was obtair I L the Red Bluff Daily New | Iarshall rape. McIntosh has claime was spending time wit] family in Greenville at time the slaying took $ and could not have bee Portola GreenviUeyear s ' the pres Plumas County Sut blhl ,ati n: Court Judge Ira R. "" turned away a requeStl ,ue..c: . Prouty last month to y LeFavour's bail from $1 .l[, snau lion. : :yPr,c A pretrial conferen serve a scheduled for Jan. 18. that Kaufman will deter l onswa.. Whether LeFavour shoUJ l rintem held to answer to the hesitat plaints lodged against hi,the vote Marsh voted: [clid hers r nt fron [a family Bisl tason nor as !