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Judge Approves Competency Evaluation For Amber Pasztor

Written on October 20, 2016 by Around Us

Categories: Around Us

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pasztor

A Fort Wayne Mother accused of killing two of her children could face a lifetime behind bars.

Amber Pasztor, 29, appeared in court today where the prosecutor introduced an amended charge.

Pasztor is still facing two counts of murder, but the prosecution feels there are enough aggravating factors to pursue a longer sentence. However, that amendment would change the way Pasztor’s trial proceeds.

“The trial would have to be in two stages now, since we have filed the enhancement because much of the evidence that would have come in the enhancement is not permissible during the initial stage,” says Prosecuting Attorney Vicki Becker.

Becker says the first phase would simply determine whether Amber Pasztor is guilty. During the second phase, both the defense and the prosecution would present evidence on aggravating circumstances, which have to do with sentencing.

“The state has not put the defense on notice that we are seeking a sentence of life without parole, which is kind of separate from the initial trial phase,” Becker adds.

The other important topic of discussion today was Pasztor’s ability to stand trial. Her attorney requested her competency be evaluated.

Essentially, her lawyer feels that Pasztor may have a mental disease or defect that would make it hard for her to understand what’s going on in court. Now, a judge must appoint two unbiased psychological professionals.

“The psychological experts then have the opportunity to spend some time and evaluate the individual and make a determination on comptetency,” Becker says.

If Pasztor is found competent, the court dates that have been scheduled already will go on as planned. If she’s found incompetent, she’ll have to go into treatment until she can stand for trial, which may take years.

However, the prosecution made it very clear that incompetency does not determine guilt or innocence.

“Competency is only limited to the person’s ability to understand the proceedings and to assist their attorney’s in preparing the defense,” Becker says. “It doesn’t really apply to the substance of the case, it has to do with understanding the procedure, understanding what’s happening and assisting her defense.”

In cases like this, there’s often talk of a change in venue. With Pasztor’s case getting so much media coverage, that idea has come up again.

Becker says that decision would have to be made closer to the date of the trial and would depend on how objective the jury pool is.

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