Judge suspends criminal case for Nia Wilson’s alleged BART killer

Doobie Doo

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Judge suspends criminal case for Nia Wilson’s alleged BART killer
Defendant’s mental health questioned
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Friends and family members of Nia Wilson hug after leaving a courtroom at the Rene C. Davidson Courthouse on Wednesday, Aug. 22, 2018, in Oakland, Calif. John Lee Cowell who is accused of killing Nia Wilson at a BART station in July could be eligible for the death penalty after special circumstance charges were added to his complaint during a court appearance. (Aric Crabb/Bay Area News Group)

By ANGELA RUGGIERO | aruggiero@bayareanewsgroup.com | Bay Area News Group
PUBLISHED: December 27, 2018 at 9:49 am | UPDATED: December 27, 2018 at 12:48 pm
OAKLAND — A judge suspended criminal proceedings in the case of the man accused of killing Nia Wilson at a BART station, after his attorney questioned his mental health.

John Lee Cowell, 27, is accused of stabbing Wilson,18, in the throat July 22 at the MacArthur BART station platform and attempting to kill her sister. Authorities say Cowell then wiped and dumped the weapon in a construction yard near the station.

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John Lee Cowell
He appeared in court on Thursday morning in red jail clothes, staring straight ahead as his attorney Christina Moore spoke to him as he stood before Judge James Cramer.

Last week, Moore said she doubted her client’s mental competency to help her in the trial, saying that he exhibited signs of extreme delusion and paranoia.

On Thursday, she cited multiple instances where law enforcement took Cowell into an involuntary psychiatric hold — 22 times from 2012 to his arrest in July.

Three of those instances were in June and July, she said in court. In one instance in the hospital, he was so delusional that he talked to hospital staff about removing his breast implants, Moore said.

Judge Cramer found there was sufficient evidence from Moore’s statements and declaration she filed with the court to suspend criminal proceedings for now and assign two psychiatrists to the case. The two doctors will evaluate Cowell and determine if he is competent to stand trial. A third doctor may be assigned if there is a tie between the two doctors.

“I want justice for my daughters, that’s the only thing I want. Justice for my daughters,” said Wilson’s father, Ansar Mohammed, outside the courtroom Thursday morning.

When asked by media if he wanted the death penalty for Cowell, he said, “I’ll leave that to the creator.”

Wilson’s mother, Alicia Grayson, said last week that she felt Cowell knew what he was doing, and wasn’t crazy.

Cowell could face the death penalty because of the special circumstance enhancement charge of lying in wait. Other charges he faces in addition to murder include attempted murder and use of a deadly weapon, a knife, which was said to be used in both attacks. District Attorney Nancy O’Malley has not yet announced whether she will seek capital punishment.

The Alameda County Public Defender’s Office has previously made statements about Cowell’s mental health, including that he had been released from a state hospital 75 days before the July stabbing.

In court, Moore listed that he had been to several state hospitals for his mental health, and participated in psychiatric programs. She said that there was “not a doubt in my mind” that her client exhibited signs of delusions in their conversations.

Deputy District Attorney L.D. Louis argued in court that there was not sufficient evidence to hold a competency hearing, and that the prosecution did know the true nature of those psychiatric holds Cowell was placed under by law enforcement. Some of those holds could have been drug-induced, and law enforcement are not trained psychiatrists, she said.

The competency hearing, when the judge will receive the two doctors’ reports, is expected to be held Feb. 13.



Oakland: BART stabbing suspect has criminal case suspended
 

dora_da_destroyer

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Incompetency is determined as of the date of the criminal proceedings. It has to do with whether the defendant is able to understand the charges and participate in his or her defense.

Insanity is determined as of the time of the offense. It has to do with whether the defendant understood what he/she was doing at the time of an allegedly wrongful act.

Incompetence delays proceedings. Insanity is a complete defense.

A defendant who is criminally insane cannot be convicted of a crime at all.

A defendant who is incompetent cannot be tried or convicted while the incompetency lasts.

Some defendants are permanently incompetent. But others are only incompetent for a temporary period of time. They can be tried as soon as they are once again competent.

Some bullshyt, but this doesn't mean he'd get the "poor white mentally ill guy, let's just put him in a hospital" treatment. That said, the delay does give the defense time to cook up some bullshyt insanity plea, but if they were drug offenses that landed him in pych wards, they likely can't use insanity.
 

born of fire

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i just want justice for her and her family... i have a feeling they will receive the proper justice.
 
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