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Published June 22, 2011
A Columbia County Circuit Court judge has granted The Oregonian’s May request to release the mental health evaluation of Daniel Butts, officials said today.
Columbia County District Attorney Steve Atchison said Columbia County Judge Ted Grove will allow the release of the Butts’ mental health evaluation on July 15, one week before a scheduled hearing to determine if Butts can aid and assist in his defense.
Atchison said the mental health evaluation of Butts, 21, who is accused of shooting of Rainier Police Chief Ralph Painter on Jan. 5, was completed in mid-April. The evaluation was done by an Oregon doctor who traveled twice to the Columbia County Jail in St. Helens to assess Butts’ mental state.
It will be up to Grove to determine, based on the report, if Butts can assist in his defense. Atchison said the judge could rule that Butts can aid in his defense or is unable to aid in his defense. The judge could also ask for additional evaluations.
Under Oregon law, an aid and assist hearing is held, according to the statute, “if the court has reason to doubt defendant’s fitness.”
It can order an examination to determine if the defendant is incapacitated by mental illness; if he can understand the nature of the proceedings; assist and cooperate with his attorneys; and participate in his own defense.
After a hearing in February, Atchison emphasized that the evaluation and any treatment for mental illness is to make sure Butts can aid in his defense.
The entire story can be read here.