Psych exams and murder trials

By SUZANNE MOORE
Staff Writer

June 13, 2007 04:00 am

— PLATTSBURGH -- The same day a judge ordered a psychiatric exam for Glen D. Race, who is charged with the May 10 shooting death of Darcy Manor, another man accused of murder in Mooers underwent the same kind of assessment.
David D. Couture, 28, of Mooers has been in custody since Nov. 2, 2006, charged with the homicide on Oct. 27 or 28 of Alphegina "Gina" Snide, 72.
In a police statement from an unrelated break-in a short time earlier, Couture had admitted he had stopped taking medication for mental illness and was depressed.
The progress of the case against Couture was delayed for a time, said Clinton County District Attorney Andrew Wylie, because of "the defense seeking and locating a forensic psychiatrist" to conduct the mental assessment.
Alan Cardin, an uncle of Manor, had suspected the pursuit of an insanity defense was slowing Couture's case. As he awaited arraignment of his nephew's accused killer in Mooers Town Court last Thursday, Cardin expressed distress over the possibility the same could happen with Race, as the Nova Scotia man has a diagnosis of schizophrenia.
DEFENSE PLANNED
Joel E. Pink, the Halifax attorney who would represent Race should he return to Canada to face trial for the murder of two men there, has told the Press-Republican that, in Canada, he would bring a defense of "not criminally responsible" by reason of mental illness.
"It's unfortunate they play that game," Cardin said of employment of such a tactic.
Wylie has stated unequivocally that he will prosecute Race to the fullest possible extent of the law and that, in his view, the accused murderer undertook a progression of reasoned actions from the point he allegedly killed the men in the Halifax area, stole a car, escaped to the United States, ended Manor's life and then fled in the Mooers man's pickup truck to Texas.
CRIMINAL RESPONSIBILITY
In response, Pink said the actions of a person in the midst of psychosis may be to that individual something different than perceived by others.
Such a person might believe, for example, he was fighting in the Vietnam War and killed someone he thought was the enemy.
In Canada, Pink said, criminal responsibility is assessed according to whether the person appreciates the quality and nature of his act and that that act was wrong.
Pink couldn't say what Race's justification of his actions might be.
"I don't know what the facts are," he said. "I haven't talked to (Race) at any great length yet."
He was waiting for a return call from Daniel Goudreau of Plattsburgh, who was named Race's attorney by the Mooers Court. Mark and Donna Race would rely on appointed counsel to defend their son, Pink said, rather than hire an attorney for him.
"They're in no position to afford it," he said.
EVALUATIONS
Pink is already working to build a case for Race's defense should he go on trial in Nova Scotia at some future date.
"I'm going to make arrangements for our own psychiatrist to see him," he said.
Tuesday, Wylie said he didn't know whether Race had yet undergone psychiatric evaluation, which is done through Clinton County Mental Health and Addiction Services.
The exam was to be performed at Clinton County Jail, where Race is being held without bail.
Pending completion of the evaluation, he is due back in Mooers Court on Thursday, June 21, for an update on proceedings. To speed arrangement of the mental-health exam, Goudreau had held off asking for a preliminary felony hearing but reserved the right to do so later.
Wylie said he expected that would likely happen, as evidence would be presented during that hearing that could prove useful in building Race's case.
"The defense can use it as a discovery device," he said.
SLOW PROCESS
Couture's trial has been set for Aug. 18, almost 10 months after Mrs. Snide's death.
While the psych exam did cause delays, Wylie said, "it's a slow process on any case" of the magnitude of homicide.
He pointed to the recent trial of Edward Dashnaw, who was convicted of murdering David and Lorraine Donivan in Schuyler Falls, which began almost exactly a year after the discovery of their deaths on Dec. 29, 2005.
smoore@pressrepublican.com

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