CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
Marlene Mexia, accused of trying to drown her 9-year-old son at their home in Palolo last Tuesday, walked into District Court yesterday with her public defender.
Mom told to
take mental examA ruling delays the trial of a woman
accused of nearly drowning her son
A Palolo woman accused of attempting to drown her 9-year-old son has been ordered to undergo a mental examination.
CORRECTION
Thursday, Aug. 7, 2003>> Marlene Mexia, accused of second-degree attempted murder for allegedly trying to drown her 9-year-old son, is represented by attorney Victor Bakke. A photo caption incorrectly identified Bakke as a public defender on Page A4 on Tuesday.
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District Family Judge Richard Marshall suspended proceedings yesterday and ordered a three-panel to examine Marlene Mexia in the next 90 days and report back on her fitness to proceed and whether she knew right from wrong and should be held criminally responsible.
Mexia, 45, was charged Wednesday with second-degree attempted murder for allegedly nearly drowning her son in the bathtub at their Palolo home last Tuesday. Officers responding to Mexia's call to 911 found the boy floating on his back in the tub and close to death. The boy has since recovered and is expected to be released shortly from Kapiolani Medical Center.
Defense attorney Victor Bakke requested the examination, saying Mexia has a history of mental illness and has been seeing a doctor for treatment.
"She is extremely nervous and disoriented," he said.
Bakke spoke to Mexia yesterday for the first time. Mexia was held over the weekend at the Women's Community Correctional Center under suicide watch.
Mexia has no previous criminal history and has had no contact with Child Protective Services, Bakke said.
He asked that Mexia be transferred to the Hawaii State Hospital, where she can undergo the examination by the panel and receive treatment as necessary.
Deputy Prosecutor Dan Oyasato did not object to the examination, but said it was premature for the doctors to determine her state of mind at the time of the offense when probable cause has not yet been established.
Oyasato said there is no reason why the examination cannot adequately be conducted at the women's prison, where she is being held. He said Mexia poses a danger to others in light of the nature of the offense with which she is charged.
The son has "no understanding of why his mother did this to him," Oyasato said.
But Bakke said after he and her family were repeatedly denied visits over the weekend, "she's terrified over there." The State Hospital is a routine facility for these examinations, he said.
Oyasato said Child Protective Services told him on Friday that based on an investigation, they expect to be filing a petition with Family Court to place the boy in foster care as soon as he is released from the hospital. He did not have details of the investigation or its findings, which are routinely confidential.
Bakke said Mexia has been married for about 14 years. Her husband was not home at the time of the incident. The boy is their only child.
A hearing has been set for Oct. 30 on Mexia's fitness to proceed. Mexia remains in custody in lieu of $50,000 bail.
