Saturday, September 5, 1998



Brother accused in
fatal stabbing to be evaluated
for mental fitness

By Susan Kreifels
Star-Bulletin

Tapa

A man accused of stabbing his sister to death has been ordered to undergo a mental evaluation to determine if he is fit to proceed with a preliminary hearing.

Deputy Public Defender Willie Domingo said three doctors will evaluate Herbert Cruz, 25. Police have charged Cruz with second-degree murder in connection with the death of Lisa Cruz, 30.

The victim was found bleeding Sunday from multiple wounds outside the Kaneaki Street house she shared with her brother, police said. She died that night at the Waianae Coast Comprehensive Health Center.

Since a motorcycle accident a few years ago, Herbert Cruz has been seen singing and yelling in the streets, neighbors said. He spent many hours sitting in the neighborhood park talking to himself.

Domingo said the evaluation will determine whether the defendant understands the charges against him and can help defend himself.

"Because of my interview (with the defendant), it leads me to believe he is unable to understand proceedings," Domingo said.

If doctors determine the defendant is unfit, the preliminary hearing would not proceed.

Deputy Prosecutor Vince Kanemoto said the state is undecided about its next step.

Kanemoto can wait until Oct. 2, when District Judge Tenney Tongg is scheduled to hear the results of the evaluation, or he can seek a grand jury indictment.

If doctors find Herbert Cruz unfit, he can be acquitted of the charge, or the state can request he be committed to a hospital.



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