Buffy Spencer of "The Republican" continues to keep us up to date on happenings regarding Haleigh.
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NORTHAMPTON - A 14-year-old girl hospitalized with a brain injury will have to participate in a competency hearing Oct. 1, a Hampden Superior Court judge said Friday.
The girl, Haleigh Poutre, formerly of Westfield, is a potential witness in a case against her stepfather, Jason D. Strickland. Strickland, and his wife, Holly A., were accused after she was hospitalized in September 2005 of abusing the girl. Last week Judge Judd J. Carhart said Haleigh would not have to testify in the competency hearing or during trial. Following an appeal from the prosecutor, Carhart said that the girl would have to participate in the competency hearing. He said based on information submitted to him by lawyers involved in the case he would decide whether the hearing would take place in a Springfield courtroom or at Franciscan Children's Hospital in Boston, where Haleigh is being treated.
Carhart Sept. 4 ruled in favor of requests by both lawyers appointed to safeguard Haleigh's interests and the state Department of Children and Families, who said Haleigh should not be forced to testify at a scheduled hearing on her competency or a trial because it will harm her. Assistant District Attorney Laurel H. Brandt had filed a motion for Carhart to reconsider that ruling.
Strickland, 32, formerly of Westfield, faces a series of assault and battery charges in connection with injuries sustained by Haleigh. Strickland was charged as a joint venturer with his wife who died within days of her arrest in what West Springfield police said was a murder-suicide at the hands of her grandmother. Under the joint venturer theory Jason Strickland would be held responsible for his acts against Haleigh and also acts by his wife, who was Haleigh's adoptive mother.
Defense lawyer Alan J. Black continued to argue to Carhart that he cannot prepare for Haleigh's competency hearing properly unless his expert can see Haleigh. Carhart denied Black's request to have access to Haleigh. The state Department of Children and Families has custody of the girl.
The issue of competency is being examined because Brandt has said that she expects Haleigh to testify against Strickland.
Black asked for Brandt's notes from her interview or interviews with Haleigh, but Brandt said she did not consider her contacts with the girl interviews and has no notes to turn over to Black.
Brandt said that she needs summaries of the opinions of experts Black might call at the competency hearing, but Black said there are no written reports and he should not have to create them for Brandt. Carhart asked him to give summaries to Brandt.
The trial date for Strickland has been moved to Oct. 30. Brandt asked for the two-week continuance from Oct. 16.
She said the chemist who is a key witness for the state as far as tying DNA and blood stain evidence to evidence at the scene is not available until the last half of October.
Girl to be part of court hearing
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