Posted on January 28, 2014 in Uncategorized
Today Andy Esquivel underwent a second psychiatric evaluation to determine whether he is sane enough to stand trial. The details of the evaluation were not made public by the court, but knowing Andy the results could not have been good. In all likelihood, Andy will remain in jail until the court is satisfied that he’s fulfilled the requirements to move forward with trial. He’s been incarcerated for three weeks now without bail, which is why none of his minions are posting on any of his blogs (Andy actually posts in the names of most of his supporters. Nobody who actually supports Andy has posted anything online in over a year.
I’ve only followed the Xtag Saga from a distance but I find the archive an entertaining read. Thank you for making it available.
I don’t pretend to know the laws of Utah but the ~general~ legal standard for an insanity defense is “lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.” And as delusional as Andy most assuredly is, he doesn’t meet the standard.
What’s more likely (to my mind) is the outcome of the evaluation could be used in any potential Faretta Hearing, proving Andy is not competent to represent himself in court should he try to dismiss his current counsel.
People do have a right to defend themselves but if a Judge allows an incompetent person to do so it’s a potentially reversible error and grounds for an appeal.
So one way or another some legal professional will have to shepherd Andy through the trial process. They will have my most sincere and abject sympathies in doing so.