Accused Chardon High School shooter T.J. Lane’s defense counsel has requested a continuance on his Nov. 26 murder trial to give expert witness John Fabian more time to assess his sanity during the Feb. 27 incident.
Accused Chardon High School shooter T.J. Lane’s defense counsel has requested a continuance on his Nov. 26 murder trial to give expert witness John Fabian more time to assess his sanity during the Feb. 27 incident.
On Friday, Geauga County Common Pleas Court Judge David Fuhry continued the trial to 8 a.m. Jan. 14, 2013.
Fabian — a clinical and forensic psychologist, and neuropsychologist in Cleveland — said Lane has “remarkably complex mental health issues” that require “heightened scrutiny” and he needs more time to make a professional conclusion.
“I have seen Mr. Lane over a substantial period of time on several occasions and conducted interviews, psychological testing and neuropsychological testing,” he wrote in the affidavit attached to the defense motion. “Additional time with Mr. Lane is needed in order to complete my evaluation of his mental condition and sanity at the time of the act.”
Defense attorney Ian Friedman said in his motion — filed with the Geauga County Court of Common Pleas on Wednesday — Fabian, who has testified in roughly 130 cases as an expert witness, would be called as an expert at Lane’s trial.
“Presently, Dr. Fabian has not concluded his evaluation of the defendant,” Friedman wrote in the 9-page motion. “At the outset of this matter, it was not possible for defense counsel or its expert to anticipate the extent of the defendant’s mental condition.”
He concluded by asking both the trial date and deadline for production of an expert report be continued.
“Without a complete evaluation regarding (Lane’s) sanity at the time of the act, counsel will not be able to engage in discussions which might result in an early resolution of this matter without trial or, in the alternative, to complete preparation of defense of the accused should this matter proceed to trial,” Friedman wrote in his affidavit supporting the motion.
Prosecutors, however, objected to any continuance of the trial, arguing there has been ample time since the shooting — which killed three students and wounded three others — to assess Lane’s sanity.
“The motion contains two affidavits … both contain vague remarks that more time is needed for the preparation of the NGRI report (not guilty by reason of insanity),” wrote assistant prosecuting attorney Nicholas Burling in the state’s response to Friedman’s motion.
“Notably absent are any specifics on when the evaluations began, what has been accomplished so far, what tests still need to be completed and an anticipated timeline for completion of the report,” he said.
On Oct. 1, just 40 minutes short of its deadline, Lane’s defense entered a one-sentence plea of not guilty by reason of insanity on his behalf.
“The state understands (Lane) has the right to properly prepare his case, but as of now, the state and the families affected by the case have been in a holding pattern for months,” Burling said. “Nothing has ever been filed to inform the court of the progress of the defendant’s evaluation, other than the motions to continue on grounds the evaluation is not completed.”
Burling said the state has been and continues to be prepared to try Lane’s case.
In a separate filing, prosecutors moved to correct the firearm specification statute in Lane’s indictment. The state incorrectly sited a statute pertaining to sentencing rather than the underlying offenses.
In his order Friday, Fuhry set the deadline for the defense’s expert report for Nov. 21 and the state’s expert report is due Dec. 21.
Lane — who turned 18 last month and is currently being detained at the Geauga County Safety Center — has been charged with three felony counts of aggravated murder, two felony counts of attempted aggravated murder and one count of felonious assault. Each charge carries a firearms specification.
Those students killed were Danny Parmertor, 16, Russell King Jr., 17, and Demetrius Hewlin, 16. Those wounded were Joy Rickers, 18, Nick Walczak, 18, who has been left paralyzed from the chest down. Nathan Mueller, a sixth victim, was grazed in the right ear during the shooting.
If convicted, Lane faces up to life in prison without parole.
