This article is by Todd Wellington of The Caledonian Record, in which it was first published Dec. 16, 2014.
ST. JOHNSBURY — Patricia Prue wants to plead guilty to murdering Melissa Jenkins in exchange for a life prison sentence but a judge wants her to undergo a competency evaluation first.
The development came to light through a request for a competency evaluation filed in Caledonia Superior Court on Monday by Patricia Prue’s defense attorney, Brian Marsicovetere of White River Junction.
The motion details an offer on Nov. 12 by the Caledonia County State’s Attorney’s Office that Patricia Prue resolve the murder charges against her by pleading guilty to first degree murder, kidnapping and conspiracy to commit murder in exchange for a sentence of life in prison without parole.
All other pending pending charges against Patricia Prue — including aggravated murder, improper disposal of a dead body and multiple counts of possession of child pornography — would be dismissed under the terms of the proposed deal.
“The offer was promptly rejected through counsel, who was aware of Mrs. Prue’s position at the time and, to be certain, followed up with Mrs. Prue shortly thereafter to reconfirm her position,” wrote Marsicovetere in his competency motion.
“On or about Dec. 8, 2014, Mrs. Prue contacted counsel and advised that she wanted to accept the state’s offer. There were no interests in further negotiations that were realistic, except that Mrs. Prue wanted counsel to negotiate a sentence that permitted her and her husband to communicate in writing during their time spent in jail. This represented a stark and sudden deviation from Mrs. Prue’s prior position in this matter,” Marsicovetere wrote.
Marsicovetere has been planning an insanity defense for Patricia Prue, claiming she suffers from multiple personality disorder and that he was concerned that her recent attempts to accept the state’s deal were an indication of her worsening condition.
“That she would accept, at her relatively young age, a sentence of life in prison without the possibility of parole, with the only conceivable benefit being that she may write letters to her husband, and when nothing requires him to respond in kind, raises serious questions about the current scope and intensity of her disorders and symptomology,” wrote Marsicovetere. “Subsequent conversations with Mrs. Prue have only reinforced the concerns.”
On Monday, Judge Robert Bent ordered the evaluation saying the court would be “reluctant” to accept a guilty plea from a mentally incompetent person.
The hearing — to determine if Patricia Prue is mentally competent to stand trial — is scheduled to be conducted by Dr. Jonathan Weker of Montpelier at 2 p.m. Dec. 24 at the Chittenden Correctional Facility in South Burlington.
Allen Prue was convicted by a jury in October on all charges related to the kidnapping and murder of Jenkins. He is scheduled to be sentenced Wednesday.
Prosecutors say they will ask the court to impose a sentence of life in prison without parole.
