Lori's Incompetent? Now What? May 28, 2021

May 28, 2021

Hello Friends! What a week it’s been for people who are following this case!

First, the indictments, then the first appearances, now the announcement that Lori is not competent. What does it mean? Well, first, it means I was right, which I’m taking a brief moment to crow about.

It does not mean Lori is walking free or being shipped off to a country-club-style mental hospital. It does not mean the charges will be dismissed, and it is not a finding that she is guilty but insane or not guilty by reason of insanity. The remedy is a delay while she receives treatment to restore her to competency.

Mental competency is a reasonably low bar. Lori must understand the role of the judge, the prosecution, and the defense, understand her lawyer’s advice, and understand her rights, such as the fundamental right not to testify. There is very little danger that Lori will escape prosecution, but a high likelihood that her part of the case will be delayed. The logistics of transferring Lori to a mental facility and keep her safe there are tremendous. I expect she will remain in jail, and treatment providers will come to her.

The judge issued a stay in Lori’s case, which means her part of the case is on hold. The judge’s order says prosecutors have objected to the finding that Lori is incompetent and that the court will schedule a hearing. I expect at that hearing, the judge will issue an order directing that the prosecutor get a second mental health evaluation done. I expect that hearing might happen on June 9, 2021, the same day Chad is already scheduled for arraignment. There is also a scheduling hearing that day for the destroying evidence case. Once a second evaluation is complete, the judge will review both evaluations, perhaps hear testimony from both psychologists, and decide on Lori’s fitness to proceed with her trial. Chad has an arraignment on June 9, 2021. That’s when he will enter a not guilty plea, and if he does, it will start the 60-day period within which the state must file their intent to seek the death penalty.

Have a great weekend, and please feel free to email me at info@thelorivallowstory if you have questions.