FRIDAY
February 02, 2001
PD: Thorpe Mentally Unfit
By Doug Mattson
HEW building and Lyon's Restaurant shooting suspect Scott Thorpe enters Superior Judge Carl F. Bryant's courtroom Thursday morning with Public Defender Thomas Anderson (left rear) and correctional officer Zach Gordon. (Photo by John Hart)
Scott Thorpe is mentally unfit to aid his own legal defense, his lawyer said at a Thursday hearing.
The alleged gunman in the deadly Jan. 10 shooting rampage was scheduled to enter a plea in Nevada County Superior Court. Instead, two psychiatrists will be appointed Monday to examine him and decide whether he's mentally competent to stand trial.
Public Defender Thomas Anderson said he sought the examinations, granted by Judge Carl F. Bryan II, because Thorpe can't assist in his own defense.
"He has not been able to mentally focus on the here and now - the circumstances he's in," Anderson said. "His mental illness is overwhelming him and apparently has been for some time."
Asked if Thorpe agreed with his new legal course, Anderson said, "As much as he understands it."
The evaluation process could take up to three months, said District Attorney Mike Ferguson, who didn't object to Anderson's motion.
Two legal questions must be answered in deciding if Thorpe is mentally competent: Does he understand the nature of the charges against him? And, can he rationally assist in his own defense?
Anderson said the answer is no on both counts, while Ferguson said he doesn't know enough about Thorpe's condition to have an opinion.
The two examining doctors, who haven't been determined, will interview Thorpe before reaching their conclusions - which the judge will use in his ruling.
In court, Thorpe showed no emotion during the brief hearing.
The 40-year-old ex-janitor from Smartville faces three counts each of murder and attempted murder in the back-to-back shootings at the county Behavioral Health Department and Lyon's Restaurant.
At Behavioral Health, Thorpe allegedly killed 19-year-old temporary clerk Laura Wilcox and 68-year-old caregiver Pearlie Mae Feldman before wounding 49-year-old health technician Judith Edzards. An intern, 35-year-old Daisy Switzer, was injured jumping from a second-floor window.
Minutes later at Lyon's, 24-year-old assistant manager Mike Markle was fatally shot and cook Richard Senuty, 35, was wounded.
Switzer's parents, Pablo Lopez and Jayne Kelly de Lopez, and Markle's ex-wife, Tricia Gies, attended the hearing.
"I wanted to see him, have a face besides what's in the papers," Gies said.
She had hoped Thorpe would plead guilty, but was warned beforehand no plea might be entered. Gies and Markle had two children, now ages 3 and 5, and had discussed getting back together, she said.
De Lopez, too, wanted to see what Thorpe looked like in person.
"And I can't feel angry toward him," she said. "I feel sad. I feel very sad."
De Lopez is a Grass Valley divorce lawyer. She said that, at this time, she found no legal ground to file suit against anyone involved in the tragedy.
"The only one we can sue is God, and I don't know how to serve Him (papers), so no," she said.
She said her daughter has moved from Sutter Roseville Medical Center to a Sacramento rehabilitation center.
Later, Anderson joined Thorpe's mother, brother and sister-in-law in a visit to the alleged gunman at Wayne Brown Correctional Facility. None of the family members attended the hearing.
Anderson declined to describe the gathering, but said the family is still trying to cope with the tragedy. He also said Thorpe has expressed regret.
"When he's made aware of why he's here, he's despondent and cries a lot," Anderson said.
Thorpe remains on suicide watch at the jail, said Anderson. He also said Thorpe's father was a suicide victim after suffering from mental illness.
The alleged gunman, according to family members, suffers from depression, anxiety and agoraphobia, and had become increasingly delusional before the shootings.
He remains at Wayne Brown Correctional Facility without bail.
- Reporter John Dickey contributed to this article.