BARRE — During a brief hearing Wednesday afternoon, a judge heard from attorneys on the question of competency in the case of a woman charged with gunning down four people last summer.
Attorney David Sleigh filed a motion last month to dismiss the case against his client Jody Herring, arguing she is not competent to stand trial.
Herring is accused of killing four people in central Vermont in August. She allegedly shot three of her relatives at a home in Berlin, as well as social worker Lara Sobel as she left work in Barre.
In the motion, Herring’s defense cited what it believes are grounds for dismissal.
“Namely, as a result of mental disease or defect, the defendant is unable to communicate fruitfully with counsel and unable to assist meaningfully in the preparation and presentation of her defense,” the motion states.
The prosecution, however, says the defense has not shown that dismissing the case is the “appropriate remedy” for a finding of incompetency. The state filed a memorandum to oppose Sleigh’s motion April 21.
“Defendant has not identified any authority for her assertion that dismissal is the appropriate remedy for a finding of incompetence to stand trial,” the memo states. “Furthermore, procedures exist under Vermont law to raise and resolve questions of competence.”
Assistant Attorney General John Treadwell said the defense motion was unusual. “I’ve never seen a request to dismiss based on incompetence previously,” he said Wednesday afternoon.
The judge ordered the hearing for Wednesday to check in on the case after the filings on competency. Sleigh said he had been in touch with Herring and she had the option of attending the hearing, but she declined.
At the courthouse in Barre, Sleigh said Herring was psychiatrically evaluated twice before he filed the motion to dismiss. The prosecution also received copies of the evaluations, he said.
Prosecutors have requested an independent evaluation of Herring with their own expert. Sleigh said they are complying with the request, and that evaluation is likely to take place within weeks.
A status conference is scheduled for six weeks from now.
