MIKE BURLEY / MBURLEY@STARBULLETIN.COM
Nancy Chanco waited yesterday for the start of a hearing for Matthew Higa, who is accused of throwing her 23-month-old son from an H-1 overpass, killing him. Circuit Judge Dexter Del Rosario postponed the hearing to determine whether Higa is fit to stand trial.
|
|
Split experts prompt delay in Higa ruling
A hearing to determine whether Matthew Higa is fit to stand trial on a murder charge of throwing a 23-month-old boy from an H-1 overpass this year was postponed yesterday.
The postponement was to give the prosecution and defense a chance to question court-appointed experts who split on the issue, with two saying he is fit and a third saying he is not.
Deputy Prosecutor Rom Trader said Circuit Judge Dexter Del Rosario will review when the experts will be available to testify and, in about two weeks, schedule a hearing date.
Higa, 23, is charged with throwing Cyrus Belt from the Miller Street overpass Jan. 17.
Belt's mother, Nancy Chanco, and friends and supporters showed up for the hearing, but Higa was not brought into the courtroom because the hearing was postponed.
Chanco declined to comment.
"I'm sure they're disappointed, but they certainly understand this is not a simple process at times," Trader said.
Higa is being held without bail and remains at the Oahu Community Correctional Center.
The three court-appointed mental health experts concluded that Higa's psychotic behavior resulted from his admitted use of crystal methamphetamine.
Psychologist Stephen Gainsley and psychiatrist Martin Blinder concluded that Higa was fit to stand trial - that he could understand the criminal proceedings and assist in the defense. Psychologist Dennis Donovan found Higa unfit.
Trader said his position is that Higa is competent to stand trial.
If Higa is deemed fit to stand trial, a trial date would be set at which time the defense is expected to raise the insanity defense. Gainsley found that Higa was not legally insane, and Blinder said the data does not support the insanity defense. Donovan did not render an opinion on the issue.
If Higa is not deemed fit, the criminal case would be suspended until he is found to be competent to stand trial.