By DENISE A. RAYMO
Staff Writer
May 13, 2008 04:00 am
—
MALONE -- Brent Bates is competent to stand trial for allegedly shooting at two State Police officers last summer, a Franklin County judge ruled Monday.
Judge Robert G. Main Jr. dismissed the Plattsburgh man's claim of amnesia and said Bates "has an acceptable, if not perfect, ability to assist" his attorney, Public Defender Thomas Soucia.
Bates faces a 17-count indictment that includes two charges of first-degree attempted murder.
Bates and Troopers Steven Euler and Douglas Hoffman allegedly exchanged gunfire following a routine stop off Kildare Road in Tupper Lake about 1:40 a.m. on Aug. 9.
Investigators said the officers approached Bates in his vehicle as it was parked along the remote roadway, a spot known for underage-drinking parties.
Bates got out of the vehicle, then leaned back in, and officers reportedly saw a gun partially hidden on the front seat.
As troopers struggled with him to secure the weapon, Bates was able to grab it and fire off six rounds, State Police said.
Hoffman suffered a leg injury from flying plastic or shrapnel from a bullet and has since recovered.
Bates, 50, suffered a gunshot wound to the stomach and jaw, and a bullet ricocheted off his face and broke his collar bone.
On Monday, he was brought into the courtroom in a wheelchair, dressed in county-issued orange clothing.
Soucia said his client has nerve damage and difficulty walking but is receiving physical therapy.
Because of his medical condition, the judge said every reasonable accommodation will be made for Bates when his case comes to trial.
For example, the number of consecutive days of court could be reduced, shorter hours of testimony could be held, and daily transcripts of the day's proceedings could be made available to him and his defense team.
AMNESIA DEBATE
Bates claimed he cannot remember anything about the night of the shooting and has no memories from as far back as December 2006.
A witness for the defense, psychiatrist Dr. Robert Wolff of North Star Behavioral Services, said amnesia could have occurred because Bates lost a massive amount of blood and suffered a lack of oxygen to the brain when he was in a coma for a month following the shooting.
Under cross-examination from District Attorney Derek Champagne, Wolff agreed that Bates understood the legal proceedings around him, had knowledge of the charges against him and was aware of the penalties, if convicted, which are some of the standard criteria used to determine competence.
The prosecution witness, state forensic psychologist Dr. Stuart Kirschner, said Bates "has a memory for forgetfulness" and therefore must recall at least some events from Aug. 9.
In a portion of his 14-page report, he included information from a County Jail correction officer who said Bates told him on the way to court in January that "he hadn't had a chance to shoot at the State Police because he couldn't get a shot off."
Another example was when Bates saw a certain State Police Bureau of Criminal Investigation investigator and allegedly said, "I recognize you now. Your hair is different. I didn't recognize you before.'
"He's making sure he tells people he has memory loss, but he demonstrates he does remember," Kirschner said.
When he presented a hypothetical question about whether it was a positive or negative sign if a handgun were found with his fingerprints on it, Bates said it would be a negative.
But, Bates added, if a camera were in the patrol car, it would capture the police placing the weapon in his hands.
Kirschner said, to him, that train of thought "demonstrates his ability to assist in his defense."
Main agreed.
"I believe the people met their burden that this defendant has the requisite mental capacity to stand trial," the judge said, adding that he will set a trial date shortly.
"We're happy the appeal is over and are looking forward to finally getting this case before a jury," District Attorney Derek Champagne said following the judge's ruling.
draymo@pressrepublican.com
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