A doctor has concluded that accused child killer Cheryl Busch is
mentally competent to stand trial, but a judge has scheduled a jury
trial specifically to determine if she is mentally fit for further
court proceedings.
A doctor has concluded that accused child killer Cheryl Busch is mentally competent to stand trial, but a judge has scheduled a jury trial specifically to determine if she is mentally fit for further court proceedings.
Busch, 41, is suspected of shooting and killing her 19-month-old daughter in November 2008. She has pleaded not guilty by reason of insanity.
In January 2010, Judge Steven Sanders followed a doctor’s recommendation and ruled her incompetent for trial. Once bed space was available at Patton State Mental Hospital, Busch spent nine months at the institution where its staff put her through a trial competency program. In May, Sanders ruled her competent and proceedings continued.
Her attorney, public defender Greg LaForge, has filed another motion to have her ruled incompetent for the proceedings.
A doctor submitted a report in early September that concluded she is, however, mentally fit to stand trial. The defense disagreed with the conclusion, and Sanders on Friday scheduled the competency trial.
It is set for 8:30 a.m. Nov. 28 in room 201 of the San Benito County Courthouse. Busch is set to return to court Oct. 6 for a pre-trial conference, Oct. 13 for another pre-trial conference, and Nov. 17 for a trial conference.
Busch is accused of shooting and killing her daughter with a .357 Magnum that was found at the scene of the family’s Shore Road property, where authorities believe her husband was present but did not witness the shooting. On a transcript of the 911 call made about the incident in 2008, Busch told a dispatcher she killed her daughter.
