With accused child killer Cheryl Busch again claiming
incompetence for a jury trial, the case could face another delay
following the defendant’s prior nine-month stay in a mental
hospital for evaluation.
With accused child killer Cheryl Busch again claiming incompetence for a jury trial, the case could face another delay following the defendant’s prior nine-month stay in a mental hospital for evaluation.
Bush, 41, had a scheduled review hearing Thursday at the San Benito County Courthouse postponed until Sept. 16 because reports regarding her competency level were not ready in time, said District Attorney Candice Hooper, who is prosecuting the case. She is accused of shooting and killing her 19-month-old daughter Nov. 19, 2008.
The latest maneuver by Busch and her attorney, public defender Greg LaForge, is the second attempt by the San Benito County woman to delay court proceedings by questioning her own mental competency for a trial.
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.
Hooper called the latest motion from Busch’s side another “step back.” Busch, meanwhile, has changed her plea from not guilty to not guilty by reason of insanity.
“She’s trying to say she’s not competent again,” Hooper said.
LaForge was not immediately available and could not be reached before publication.
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.
If convicted of homicide, Busch could face 25 years to life in prison. Homicide of a child is not on the list of prospective capital murder cases.
