Posted on 12/05/2002 11:29:44 AM PST by amigatec
Man incompetent to stand, trial in impersonation at I-40 Bridge Collapse (My Title)
By Donna Hales
Phoenix Staff Writer
A man arrested for posing as an Army officer and taking control of riverfront operations after the May 26 collapse of the In terstate 40 bridge near Webbers Falls is not competent to stand trial, according to sealed federal medical reports.
William J. "Billy" Clark was ordered back to a federal medical facility for psychiatric treatment Tuesday during what was to have been his competency hearing in Muskogee federal court before U.S. District Judge James H. Payne.
"He thinks he's Capt. Clark," said Clark's public defender, Paul D. Brunton after Tuesday's hearing."Like in Star Trek he thinks he's Capt. Kirk. And he's pretty convincing."
Assistant U.S. Attorney Paul Hess said the government and the defense reached an agreement to file the medical reports under seal because of the nature of the information in them. Hess told the court the reports refer to mental disease or defect.
“My primary concern is this man be returned to a medical facility so he can be properly supervised and psychiatrically treated probably the sooner the better," Brunton told Payne.
Hess concurred.
Brunton is the chief federal public defender for the U.S. Northern and Eastern Districts in Oklahoma. Brunton said after the hearing that the federal reports eventually will be unsealed.
Clark told the Phoenix that Dr. Emily Fallis, a forensic psychologist who evaluated Clark at the Fort Worth federal medical facility, has recommended he needs to be in an inpatient medical facility.
Fallis wants to look at more documents involving Clark's past criminal and medical history. She believes Clark needs treatment, Brunton said.
"He (Clark) is in need of treatment for quite some time," Brunton said. 'She (Fallis) has got her hands full with this one.
Fallis is to report back to the court within 45 days. Any time beyond the 45 days would require an additional court order, Payne said . i
"I want you to understand what we're Agreeing to," Payne told the parties.
Clark cannot be arraigned until he is declared competent to stand trial, Brunton said.
Brunton said he doesn't believe a study of the additional information will affect Fallis' opinion about Clark!s mental state. He also told Payne his concern is "we don't keep postponing the ultimate decision (on Clarks competency)."
After the hearing, Brunton told the Phoenix that Fallis told him Clark is one of the I most delusional people she's ever seen.
Brunton also said Clark is psychologically handicapped, so he undergoes more problems than the average jail inmate.
"It's tough enough to get by in jail being whole physically and psychologically," Brunton said. "He has had some problems. I attribute that to his condition. I hope he goes back (to,federal medical center) ASAP. The facility in Fort Worth is a hospital facility."
Brunton refused to elaborate on what type of problems Clark has had while jailed.
Muskogee County Sheriff Charles Pearson, who is in charge of the Muskogee County/City Detention Facility, said he has heard nothing about Clark having problems in the jail.
"If there had been problems, I would know it," Pearson said. "He has been kind of a pain in the rump (for jail workers). He's always trying to get one up on somebody always wanting cigarettes or, something. But I haven't even heard of anything like that, lately."
Clark said after returning to the jail from the Fort Worth medical facility that he was "jumped" by federal inmates until he was moved to a detox center where there are only three cells. He Also said he has had trouble getting access to law books.
Meanwhile,Brunton said if adefendant is incompetent to stand trial and cannot be made competent, both sides could stipulate that he is not guilty by reason of insanity.
"I think there is, a very distinct possibility that the ultimate result wilI,be just that," Brunton said.
Should that happen, Clark would remain in medical care and custody until he is declared competent, Brunton said.
You can reach reporter Donna Hales at 684-2923 or dhales@muskogeephoenixcom.
If it's the only bridge for miles, it's the only one he's going to hit, isn't it?
Translated: "We are all so embarrassed, as we should be, that we late this guy take over the crash site that we don't want anyone to know just how crazy he was, because it will make us look bad."
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