Last expert calls Higa unfit to stand trial
The third of three mental health experts appointed by a state judge to examine accused baby killer Matthew Higa says Higa is not mentally fit to stand trial for murder, according to a report made publicly available yesterday.
Forensic psychologist Dennis Donovan said in a five-page report submitted to the court that Higa, 23, understands the charge against him and can probably remember far more of his actions than he is willing to share with others. However, Donovan said he doubts Higa is able to share enough of what he remembers with his lawyer consistently and to knowingly and intelligently participate in his own defense.
He recommends committing Higa to the Hawaii State Hospital to improve his mental fitness. Higa is in custody at Oahu Community Correctional Center without the opportunity for bail.
Donovan's findings contradict those of two other court-appointed mental health experts who previously concluded that Higa is fit to stand trial.
Circuit Judge Dexter Del Rosario had scheduled a hearing for this afternoon to decide whether to proceed to trial.
Higa is accused of throwing 23-month-old Cyrus Belt to his death from the Miller Street overpass onto the H-1 freeway Jan. 17.
Donovan also said Higa did not know initially and did not seem to care to learn the nature and possible consequences of an insanity defense, showing more interest in knowing whether he would be allowed to smoke at the Hawaii State Hospital if he is sent there.
In previous reports submitted to the court, psychiatrist Martin Blinder said there is insufficient clinical data to support an insanity defense and Honolulu psychologist Stephen Gainsley said Higa's actions were the result of a psychotic episode due to his use of methamphetamine and not mental illness.
Donovan chose not to address whether he believes Higa was insane when he threw Belt onto the freeway.
All agree that Higa's psychotic behavior is due to his admitted history of crystal methamphetamine abuse.