[B]URLINGTON — A judge has found that the man accused of a daytime slaying downtown this year is not competent to stand trial and ordered him Monday to be hospitalized.
Louis Fortier, 36, was identified by witnesses and surveillance video as the person who repeatedly stabbed Richard Medina, 43, at the Church Street Marketplace in March.
Both a court-appointed forensic psychiatrist and a forensic psychiatrist hired by Fortier’s public defenders concluded he is not competent to stand trial and likely has schizophrenia, a serious mental health condition.
Chittenden County State’s Attorney Sarah George and the public defenders representing Fortier agreed at a hearing Monday that Fortier would be a danger to himself or others if not placed in a secure psychiatric facility.
Fortier has assaulted a fellow inmate at Southern State Correctional Facility, according to one of his attorneys, and appears to be experiencing auditory hallucinations, according to court documents.
The judge’s order for hospitalization means Fortier will be transferred from Department of Corrections custody to that of the Department of Mental Health. The mental health commissioner will have to submit a report to the court every three months as to whether Fortier’s condition is improved and if competency should be revisited.
Fortier has responded positively to psychiatric treatment in the past, his sister told one of the forensic psychiatrists who evaluated him.
In the latest research study of legal competency, 17 of 22 people found incompetent to stand trial were later found competent after treatment, the psychiatrist said during court testimony.
In court Monday, Fortier was shackled at the wrists, waist and feet. In a hoarse but calm voice, Fortier asked repeatedly to be allowed to represent himself — as he had asked during a previous court appearance by video link. He said that would be the only way for him to get a fair trial and that his due process rights were being violated.
Fortier tried several times to outline what he said would be his defense strategy were he allowed to represent himself, but Superior Court Judge James Crucitti cut him off, saying it would be premature to discuss that at Monday’s hearing.
“It would not be fair to you, and it would be a violation of your due process rights, not to have an attorney assist you,” Crucitti said.
One of Fortier’s public defenders, Bryan Dodge, expressed concern that, despite Crucitti’s order for hospitalization, his client might be returned to prison because no bed may be available at the Vermont Psychiatric Care Hospital, the state’s only secure psychiatric facility.
“I want to make sure he’s not going back to Springfield or some other Department of Corrections facility,” Dodge said.
The judge said that given the lack of capacity in Vermont’s psychiatric care system, it’s possible Fortier would need to be jailed for several days until a bed opens up.
“Given the problem with availability of beds in Vermont, I’m not sure that will happen today or in the next couple of days,” Crucitti said. He scheduled a status hearing for Thursday morning.
As he left the courtroom, Fortier, without raising his voice, called the proceedings “a travesty of justice.”
