2008 Woodie Awards
Sisco awaits evaluation
Daniel Potter
Issue date: 2/25/08 Section: News
A former MTSU student charged with attempted murder will undergo psychiatric evaluation before his case proceeds in court.
Kevin R. Sisco was charged in September, 2007 with attempted first-degree murder in the beating of Ashley Manis at Jim Cummings Hall, the dorm where she and Sisco both lived.
Earlier this month, the prosecution offered a plea agreement, and Sisco's defense was set to formally accept or reject that offer last week. That date has now been pushed back, said Assistant District Attorney Paul Newman.
"They've reset it for April 21, which gives them time to have that evaluation done," Newman said. "Generally when they do that those take at least 30 to 60 days."
In the meantime, the offer stands.
"There has been a plea offer made and it has not been withdrawn," Newman said.
Newman could not go into detail about the Sisco case specifically, but he said such an evaluation raises several possibilities for any case.
"In general, when the mental health defenses are raised, they take a couple of forms. One of them is competency," Newman said. Competency concerns a suspect's ability to help his or her attorney prepare for the trial.
"It's very rare that you have an incompetent client," Newman said.
"Insanity defense in Tennessee is based on a right-or-wrong test," Newman said, meaning whether a suspect is able to tell right from wrong as demonstrated by his her actions.
"The third and final one is what they call diminished capacity, and that deals with specific intent to commit crimes. In order for it to be first-degree murder you have to be able to premeditate," Newman said.
The outcome of the psychiatrist's evaluation could dictate such matters as reduced charges or sentencing.
The mental evaluation will be paid for by Sisco's defense, "so it's not a state expense," Newman said.
Sisco's defense attorney is Guy Dotson Jr., who could not be reached for comment.
Kevin R. Sisco was charged in September, 2007 with attempted first-degree murder in the beating of Ashley Manis at Jim Cummings Hall, the dorm where she and Sisco both lived.
Earlier this month, the prosecution offered a plea agreement, and Sisco's defense was set to formally accept or reject that offer last week. That date has now been pushed back, said Assistant District Attorney Paul Newman.
"They've reset it for April 21, which gives them time to have that evaluation done," Newman said. "Generally when they do that those take at least 30 to 60 days."
In the meantime, the offer stands.
"There has been a plea offer made and it has not been withdrawn," Newman said.
Newman could not go into detail about the Sisco case specifically, but he said such an evaluation raises several possibilities for any case.
"In general, when the mental health defenses are raised, they take a couple of forms. One of them is competency," Newman said. Competency concerns a suspect's ability to help his or her attorney prepare for the trial.
"It's very rare that you have an incompetent client," Newman said.
"Insanity defense in Tennessee is based on a right-or-wrong test," Newman said, meaning whether a suspect is able to tell right from wrong as demonstrated by his her actions.
"The third and final one is what they call diminished capacity, and that deals with specific intent to commit crimes. In order for it to be first-degree murder you have to be able to premeditate," Newman said.
The outcome of the psychiatrist's evaluation could dictate such matters as reduced charges or sentencing.
The mental evaluation will be paid for by Sisco's defense, "so it's not a state expense," Newman said.
Sisco's defense attorney is Guy Dotson Jr., who could not be reached for comment.
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Anon
posted 2/25/08 @ 6:02 AM CST
MTSU say Murder by completely unaffiliated, uninvolved roid-head bad. MTSU say rape by fraternity member, involved on campus against fellow co-ed not so bad. (Continued…)
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