Attorneys, judge await report on accused cop killer’s mental capacity

Delays in the Kevin Randleman case are frustrating prosecutors and slain police Officer Andrew Dunn's family members.
Jessica Cuffman
Feb 24, 2012

 

Delays in the Kevin Randleman case are frustrating prosecutors and slain police Officer Andrew Dunn’s family members.   

Randleman, facing the death penalty if convicted in the March 19 shooting death of Dunn, appeared before Erie County Common Pleas Court Judge Tygh Tone for another pretrial hearing Thursday.

Tone has issued rulings on almost every motion in the case, including 50 filed by defense attorneys Robert Dixon and Jeff Whitacre.

But two outstanding motions — one on future hearing dates and the another to change the location of the trial — are scheduled for oral arguments within 10 days.

A key expert witness for the defense has been suffering medical problems that are delaying the release of a report. That, in turn, is delaying the case, Dixon said Thursday.

The report will reflect the expert’s opinion on an anticipated Atkins hearing, where the court determines if Randleman is mentally incapacitated in any way.

The report’s findings could affect Randleman’s eligibility for execution if he’s found guilty of aggravated murder and receives a death sentence.

The Atkins precedent is established by a 2002 U.S. Supreme Court ruling in which judges said the execution of a mentally disabled person violates the Constitution’s ban on cruel and unusual punishment, according to the Ohio Public Defender’s Office.

There is an increasing national consensus that executing a mentally disabled person is excessive punishment, the Ohio Public Defender’s Office has said. 

On Thursday, Erie County prosecutor Kevin Baxter said he isn’t questioning the validity of the defense expert’s medical problems, but he believes the report should be ready by now.

“(The report) should be a spell-check matter by now,” Baxter said. “We need to know where everyone is in the process.”

Defense attorneys, however, are scrutinizing all details in the case.     

“It’s only one chance to do it right,” Dixon said.

Dunn’s family has expressed to the court their frustrations about the trial being delayed from its original January start date, Tone said. Randleman’s family, too, has expressed similar sentiments.

“Frustration cannot dictate how we proceed on this case,” Tone said. “As much as I’m frustrated by a delay, I have no control over it.”

The next pretrial hearing is set for March 5.

Tone and attorneys said they hope by then to have a better idea of how quickly the case will progress.

Defense attorneys have also said Randleman is suffering medical problems as a result of two gunshot wounds he sustained the night Dunn died. Police say Dunn returned fire before he died, shooting

Randleman twice.  

Randleman has been experiencing pain that interferes with his ability to assist with his trial preparation, including participating in examination by experts, his attorneys said.

A physician has recommended Randleman consult a pain management doctor because a nerve block may be necessary to alleviate the ongoing pain.

On Thursday, Tone ordered deputies to take Randleman from the jail to his scheduled doctor’s appointments as needed.

Comments

thinktwice

IMO,  if you can obtain a gun, load a gun, carry a gun, then fire off several shots hitting your target , then YOU my friend have the mental capacity to be fried for your crime.

Let's make sure he doesn't get off a SECOND TIME!

 

Darkhorse

My guess is that the case will never come to trial.

worried dog mama

let him suffer....i hope it hurts...hurts every day....all day long...

wiredmama222

I would think the only "mental capacity" they would be concerned with is "does he understand the charges against him and can he assist in his own defense?".  The answer should be simple.  HECK YES.  So why the big delays?  He could lock and load, and complain he was innocent so he is ready to go. 

If the defense expert cannot do his job, get someone who can and do it quickly. They have had plenty of time and this is just another stall tactic.  They can't stall forever.  Get another expert and do it now. If I were the judge I would tell them you have one week to get that report in and that is it.

Then he needs to rule on the rest of this stuff and get it moving.  No more delays and waiting. 

Poor Randleman.....such pain.  My Aunt Fanny's fanny.   He probably needs to get high and cant' get it in the joint, so he is complaining of pain.  Don't get him anything.  Just take him to a pain doctor to give him that block and be done with it.  NO PAIN MEDS FOR HIM. 

And lets get this over with.  Convict the guy and either put him away for life or kill him.  Whichever they decide, but get it done.  Enough already!!!!!!!!

Seen it All

He KNEW exactly what he was doing!!  He was up to no good, didn't want to return to jail, so thought he would take care of the problem.  The only thing he didn't figure on was Officer Dunn firing back, thus getting him caught!   I hope Randleman's arm hurts him every minute of every day, it would never hurt like the hearts of Officer Dunn's family and friends.

Woody Hayes

"Accidently" leave his cell open, "accidently" leave the back door to the jail unlocked, "accidently" have SPD outside with M-16's. Problem solved.

badsuzee

love your way of thinking woody

D29m2

Too darn bad he feels pain ... at least he's alive to feel it.!!! Can't say that about Officer Dunn though, can we?  At THINKTWICE: I agree with you 100%.

VTX Rider

 He should be happy he can "Feel" pain!!  Office Dunn no longer has this capacity!!  Let Mr. Randleman suffer through his pain. We shouldn't spend one extra penny to make this murderer comfortable!  He certainly deserves the death sentance when he's convicted.

RIP Officer Dunn.

RalphieMae9

This is a godda*n joke. Our justice system is garbage.

 

 

Just Saying

Whaa Whaa, poor baby, he feels pain. Makes you want to puke ! 

Tool Box

It's time to bar-b-q his @55!

Tool Box

He looks like a rodeo clown with that shirt on!  His mama must still be dressin him!

frizzlefrap

they will put him in prison for the rest of his life ..... i'm afraid they won't end his life. the mental issues will override death!

Julie R.

If looks could kill that look on the cop's face while escorting Randleman out of the courtroom, Randleman would have been dead by now. I honestly don't know how the cops have managed to keep their cool while around him.

nobodycares

here we go the insanity plea .....................what a cop out you miserable thug ...............needs to die !!!!!

 

eye for an eye !!!!!

OSUBuckeye59

Whereas the Judge and the Prosecutor both would like to move this into actual trial, they must wait for the mental evaluation report.  Any attempt to speed up the process of getting the report raises the likelihood an appeals court finding in favor of the defendant, Randleman.  And in the matter of Randleman supposedly suffering pain to the extent he can't participate in his evaluation, again, a good defense attorney could easily get an appeals to court to find in favor of Randleman's evaluation not being valid as Randleman was in pain or under the influence of pain meds and therefore not providing clear, un-confused statements.

If Randleman has a history of mental illness or drug abuse, this trial will be long and painful for the court system and Dunn family as no doubt Randleman's defense will do everything in their power to pain their client as not guilty by reason of either insanity or mental illness or being under the influence of either controlled or uncontrolled substances.  The likely outcome would then be a life sentence.

I feel for the Dunn family.  In the end, they will probably never reach closure.

One other point: a life sentence is actually monetarily cheaper than an execution sentence as an execution sentence goes through a lengthy & costly appeals process.

origen

As sad as it sounds they need to make sure all the "i's" are dotted and the "T's" crossed to make sure if he does get the death penalty the case will stand when appealed (They automatically get appealed) So as long as it gets done right the first time and gives the defense no grounds to retrial it will be worth it in the long run. The frustration of the system is built in to protect those who are innocent, So it is working and there should be no excuse.

Kenny V

What the HE__ double hockey sticks? He is a felon and was in poccession of a firearm. He is capable of understanding the consequences of his actions.

candleburner

Quite frankly my nephew - and I love him with all my heart and this kills me to even remotely compare him with this monster - is mentally challenged and has been LEGALLY labeled as such since he was a young child.  He is now 28 years old.  He is very high functioning, he graduated - with honors thank you very much - from Margaretta High School after taking mainstreamed classes and adjusted classwork due to being legally blind.  He is now working as a receptionist maintaining a multi-line computerized telephone for a county office.  He KNOWS the difference between right and wrong!  And this is a person that's again is LEGALLY mentally challenged - and I use that term because that's what they're trying to see is wrong with Randleman.  My nephew knows the difference between right and wrong and so does Randleman.  That man knew exactly what he was doing that night he picked up the gun in 1999 and he knew exactly what he was doing the night he pulled the gun on Officer Dunn!

 As far as him feeling pain still, good!!!  He needs to still feel pain - he needs to feel it every day as a reminder of what he did to Officer Dunn!   And I completely agree with VTX Rider!!  Officer Dunn no longer has the option of feeling anything thanks to what he did that night so he needs to continue feeling that pain!! Let that scum suffer!!!!!!!

sick and tired ...

Randleman and his lawyers are complaining about his PAIN, are you kidding me...... All you have to do is look at the photo of Officer Andrew Dunn's family and see what real pain is. Their pain goes much deeper then any physical pain Randleman will ever feel. Their pain is for the loss of a husband,  father,son,brother....etc. loss of one of the good guys, our police officers who put their lives on the line each and every day. To know that there has been this many delays makes me want to vomit!!!!! Officer Dunn's family deserve all of the delays to stop, they need an end to this trial so that they can begin to heal.

 

OSUBuckeye59

Let's assume for a moment that Randleman is found guilty, and an Appeals Court looks over all of what his legal team did/did not do.  One of the items they would look for is whether or not his team had conducted an evaluation to determine Randleman was indeed mentally competent to stand trial.  If that evaluation was not completed, or if the evaluation was not conducted by a licensed professional, the Appeals Court would find Randleman as not having received adequate legal representation.

Even if Randleman would suddenly decide to plead guilty, his defense team would still need to have the mental evaluation conducted.  Randleman's legal counsel must do everything they possibly can think of to either get the conviction tossed or receive a verdict of "Not Guilty".

mommabea18

I'm also sick and tired of hearing about Kevin Randleman's aches and pains. What do think that Officer Dunn's family is going through every day? Heartache and pain that won't go away and they have to live with it for the rest of their lives. Also how do you think that the Dunn family feel's about seeing Randleman every day that they are in court. Not very good, huh. I wouldn't either. I know that there has to be a process that the court has to go through, but enough is enough. It's been almost a year now since that fateful day and we are innocent until proven guilty, but we know that Randleman is guilty of murder in 1999 and 2011.  I pray every day for  the Dunn family, friends and fellow officers. Every police officer puts their life on the line every day and  some don't get any recognization, like citizens coming up to them and thanking them for  every thing that they do for us, for instance keeping us safe. We all have to stand before The Almighty God one day and give an account of our lives .God Bless each and everyone of the men and women in uniform or out of uniform for your dedication. My prayers are with you all.

Gardenman

Had to say it but I agree with those who have commented before.....police should have finished off Randleman when they arrived at the scene last March. Saved a lot of taxpaper's money and the citizens lots of agony. Certainly would have put to rest all his insanity pleas and all the other useless pleas. This guy is guilty and everyone knows it.

Cityslicker

Randleman wants to talk about pain. You want to see pain??? Click on the picture of the Dunn family. Now that is pain that will never go away. I for one am all for the fairest trail possible, so there is no chance that this scum will ever see the outside of a prison again. And hopefully, that time inside the prison will be short, and then start the IV.

momofmany

Boo hoo, he is in pain..He is getting 3 meals a day and has shelter over his head, its far more than what he deserves.This is such a sick man and he knew what he was doing.Its sad the whole process is being dragged out like this, it is terrible the family has to keep facing this horrible man...

swiss family

 what a waste... IF he is found to be mentally incompetant, which we all know he is NOT, seeing how he loaded ands carried and aimed, and pulled the trigger of a fatal gun attack, but if he is foiund to NOT be aware of what is happening.. I suggest that when they start the fatal injection into him to rightly  snuff a worthless life, just tell him it is a new way of getting Kool-ade.. and he will never be thirsty again.. I will bet that he will show us at that time that he IS mentally capable of understanding what his actions mean..

wiredmama222

I really don't think this is fair to the public.  If this drags on much longer we are going to be into spring and summer and that could be a HUGE problem to the public.  I would hate to think of spring and summer with this schmuck on trial in this town.

I can see it all now.....people on one side screaming kill the creep (as we know it to be right) and people on the other side screaming (free him) .   Outside the court house, raising hell won't have it 

Nah.....get it over with RIGHT NOW.   They don't need anymore time.  They have had enough.  That report is DONE.  Get it in and set a time limit of THIS FRIDAY, sick or not, it comes in. 

Get this case moving, get it done and send him on his ugly way.  OVER!!!!!!