Murder suspect in limbo Murder suspect in limbo (March 04, 2005)

Competency of Chavez to stand trial unconfirmed

By Jon Wiener

The trial in the 2003 murder of 77-year-old Doris Condon continues to suffer delays, the latest one due to questions surrounding a defendant's sanity.

An inconclusive report by a court-appointed doctor determined that Enrique Chavez's competence is "not certain but suggested." Chavez's attorney, Ed Nino, said he might pursue a second opinion before deciding how to proceed. He has until Wednesday to decide.

If the court were to rule that Chavez is not mentally capable to stand trial, he would be sent to a state mental-health facility in Atascadero. Once treated or "restored to competency," he would return to face charges for his role in what police and prosecutors say was a burglary gone wrong.

The district attorney has charged Chavez with second-degree murder for beating Condon so severely that she later died from her injuries. Late in the morning of Oct. 25, 2003, Chavez and David Olayo allegedly entered Condon's Jardin Avenue home to steal valuables. When Condon appeared and surprised them, Chavez responding by knocking her into a coma from which she never recovered, prosecutors said.

Nino said whether Chavez is competent now has no bearing on his sanity at the time of the crime. However, Nino did not elaborate on whether he is considering an insanity plea.

Codefendant David Olayo must wait for questions about Chavez's competency to be resolved. The two are scheduled to be in court together on March 28, though that date could be put off if Nino does not agree that Chavez is competent to stand trial. Among the issues to be decided before a trial begins is whether Olayo and Chavez will face charges together or separately.

With a homicide, "there's so much more careful paperwork, which is appropriate," said Olayo's attorney Chris Mattison. "It just takes longer to get everything together."

Jose Sosa, whom two gardeners said they spotted waiting in a getaway car at the scene of the crime, will face a pretrial hearing on Wednesday.

E-mail Jon Wiener at jwiener@mv-voice.com

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