posted June 29, 2009
A man charged with first-degree murder who is profoundly deaf and mentally handicapped will be evaluated to determine his level of comprehension, Criminal Court Judge Rebecca Stern.
A local interpreter testified in court on Monday that he is aware of some state interpreters who do such evaluations. Judge Stern said, "That is what I have been trying to find."
The case of Alex Smith was postponed until next Monday when there will be an update on whether an evaluation can be arranged.
During the hearing, a court reporter sat beside Smith. She typed what was being said in court on a screen. But one of his attorneys, Karla Gothard, said he could not make out what was on the screen. She and attorney Mary Ann Green said Smith is becoming "increasingly frustrated."
Smith was heard saying he wanted bond and he wanted to go home.
Judge Stern noted that he was speaking much louder and more animated than he had in previous court appearances.
Prosecutor Boyd Patterson said the case has dragged on through "multiple hearings" without getting to a trial. He earlier said Smith was able to give a statement about the case to a detective, and he urged that the trial go forward.
Judge Stern said Smith might be given bond, but she said there need to be assurances "that he's not out carrying guns and causing problems."
Prosecutor Patterson said the last time he was released he fired a shot at a man who was dropping off his child. He said the child witnessed the incident.
Defense attorneys said the victim in that case, Terrence Ware, has since been charged in a federal drug case.
Judge Stern previously ruled that Smith is legally deaf.
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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