Criminal Justice
Man With Dementia, 91, Can Stand Trial, Judge Finds
Posted Dec 11, 2008 2:49 PM CST
By Martha Neil
Although Joe Conway Elder has dementia and some delusions, the 91-year-old is competent to stand trial in a second-degree murder case for allegedly shooting to death a staffer at the adult care home at which he was living, a judge in Pierce County, Wash., decided today.
In a written ruling, Superior Court Judge James Orlando found that "it appears Mr. Elder does have the capacity to understand the nature of the proceedings and to assist in his own defense" and "is able to communicate verbally and is not so profoundly delusional that he would be unable to participate in a trial or assist his attorney in possible defenses,” reports the News Tribune.
The judge indicated, however, that it is possible this situation will change for the worse before trial and may need to be re-evaluated.
His ruling followed a two-day evidentiary hearing. According to some witnesses there, Elder may have believed that the murdered man, Ramoncito Barro, 39, who was delivering fruit to his room, was actually an undercover police agent seeking to harm him, the newspaper reports.
Updated at 4:44 p.m. to clarify headline.

Comments
B. McLeod
Dec 11, 2008 4:24 PM CST
What a relief that the story is about the defendant’s competence. From the headline, I thought the ruling was about counsel.
The police have really worn out that “fruit delivery” ruse. I mean, even people with dementia can see through it now, and it is causing trouble for legitimate fruit distribution professionals.
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JR
Dec 12, 2008 10:39 AM CST
I bet this judge thinks torture must involve losing a limb or a body function and water boarding equates to a dunk in a pond.
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