Comments (0) | |

Tuesday, Oct. 20, 2009

Ruling says psych exam in Bibb case was wrong

The Georgia Supreme Court has ruled that a Bibb County trial court erred by ordering a man facing the death penalty to undergo a psychological test.

Jomekia Dechelle Pope, 32, is charged with dousing his girlfriend, 26-year-old Latosha Taylor, with gasoline and setting her on fire in August 2005. Taylor suffered second- and third-degree burns over 95 percent of her body and died at the Augusta Burn Center two months later.

In a pretrial appeal, the high court concluded that “the trial court erred by unjustifiably ordering Pope to undergo a psychological examination.”

While the court ruled that Pope’s case was not hurt by his taking the exam, the justices ordered the trial court to keep the report sealed unless Pope’s lawyers give notice that he intends to present a mental competency defense.

That means even prosecutors won’t see results of the test, said Pam White-Colbert, an assistant Bibb County district attorney.

In pretrial hearings, a “driving concern” arose over whether Pope’s lawyers might forego a mental health exam only to later claim that he is mentally retarded. The trial court ordered Pope evaluated for competency to stand trial and mental retardation over Pope’s lawyers’ objection, according to the ruling.

In a separate issue, the Supreme Court ruled that statements Taylor made to a police officer complaining about another alleged attack by Pope won’t be admissible at trial if Pope’s lawyers object. Allowing the statements at trial would violate Pope’s Sixth Amendment right to cross-examination, according to the ruling.

Phone messages left for Pope’s lawyer were not returned Monday.

Pope is charged with setting Taylor’s house on fire following a birthday party for one of her children. He is being held at the Bibb County jail without bond. No trial date has been set.