NORMAN, Okla. – “I don’t think necessarily that mental health can make someone hateful,” said OU Hillel Coordinator Jack Fuchsman.
One step closer Tuesday, to finding out Allison Johnson’s fate.
Her court appointed attorney’s filing an application for determination of competency.
They told News 4 they will not comment on an ongoing case.
We spoke with a criminal defense attorney out of Oklahoma City to learn more about what will happen moving forward.
“What competency is concerned with is the defendant’s ability to understand the nature of the charges and assist with the preparation of his or her defense” said criminal defense attorney Elliott Crawford.
“Of course it’s shocking. I said before, it’s kind of the world we’re living in where people develop lots of hate,” said Fuchsman.
Court papers say during her initial conversation with attorneys, Johnson was “unable to communicate effectively with her counsel and was unwilling to assist her counsel in her defense.”
The documents go on to say counsel, “believes she has a lengthy history of mental health issues, which are currently affecting her ability to understand the situation and assist her counsel in her defense.”
“There`s 7 factors that the court will look at,” said Crawford.
- Whether they are able to assist their attorney in his or her own defense
- Whether they understand the nature of the charges
- If they are incompetent, whether they are able to regain competency in a reasonable amount of time
- Whether they are mentally retarded
- Whether they pose an immediate threat to themselves
- Whether they pose an immediate threat to others
- If released, would they be an immediate threat to the community
Crawford says a person can regain competency by going through treatment.
“Now we live in a world where the question is why didn’t they have security and unfortunately that’s just kind of what we’re living in,” said Fuchsman.
Fuchsman says this situation has brought them closer.
“When hate happens you can either choose to fight or flee, and I’m definitely not going to flee from the situation,” he said.