Otero defense argues more time is needed to determine competency
The defense team representing Larry Phillip Otero argues more time and evaluations are needed to determine if its client is compentent to stand trial.
On Monday November 14, 2016, a judge gave the defense 30 days to review a report on its client and present its own findings, according to a spokeswoman with the district attorney’s office.
A grand jury indicted Otero on one count of intoxication manslaughter in the Nov. 14, 2013 death of Gabriel Morales.
The accident report for the November crash states Otero was allegedly driving the wrong way on I-10 East at Zaragoza early the morning of Nov. 14, 2013 when he struck a car being driven by 29-year-old Morales.
During a pretrial hearing November 9, 2016, the state indicated Dr. Cynthia Rivera would be called to render an opinion Otero is competent to stand trial.
“This admission in effect shocked the Defense, since (this was) the first time the Defense had been provided any information Dr. Rivera would give an opinion Otero is competent,” the court document states. The defense said it did not receive a written copy of the report 30 days prior to the pretrial hearing, thus, preventing Otero and his attorneys from preparing an adequate defense.
The defense mentioned Dr. Jason Dunham, who “provided a conservative and qualified opinion Defendant Otero is not competent to stand trial,” the motion for continuance states.
Dr. Dunham reported his one examination of Otero made it impossible for him to have a “firm grasp of Mr. Otero’s mental state. If Mr. Otero is in fact found to be suffering from a cognitive disorder that affects his capacity for concentration, communication, and memory, he would certainly be incompetent to stand trial.”
Dr. Dunham reportedly suggested Otero be formally observed and examined for “an extended period of time,” the motion for continuance states.
The defense also argues Dr. Rivera’s report fails to comply with the Texas Code of Criminal Procedure because it “draws no conclusion Otero is competent or incompetent to stand trial.”
Court records show Otero was arrested and charged with DWI on May, 25 2013 with a blood alcohol content of .15 — almost twice the legal limit in Texas — in a separate case. Otero was also charged with Assault Family Violence from a May 24, 2013 incident. A previous charge of DWI in 2004 was dismissed.
