posted January 29, 2008
Defense attorneys say a man charged with first-degree murder is profoundly deaf and retarded and is not competent to help them at a trial.
Criminal Court Judge Rebecca Stern said she is inclined to agree with the defense in the case in which Alex Smith, 31, is charged.
Judge Stern ruled earlier that Smith is legally deaf.
Prosecutor Boyd Patterson said Smith was able to give a statement about the case to a detective, and he said the trial should go forward.
Judge Stern said she will rule later on the issue. But she said one problem would be trying to explain to Smith his basic legal rights.
Assistant Public Defender Karla Gothard said when defendants are declared not mentally competent to aid the defense they are usually sent to a state mental facility in Middle Tennessee so staff there can try to help them become competent.
Ms. Gothard said she knows of no facility that could help Smith.
During the hearing, a court reporter sat beside Smith. She typed what was being said in court on a screen.
Smith had been free on bond, but he is now in custody after being arrested for aggravated assault.
Smith is charged with gunning down Desmond Foster, who investigators say was trying to get out of his car in East Chattanooga when Smith walked up and opened fire.
Foster tried to escape by climbing back through his car, but fell dead to the pavement, police said.
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