Competency Hearing For Robert Dear Ends For Day Without Ruling

Robert Dear in court, April 28, 2016
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UPDATE, 4/28, 5 p.m.:: An all-day hearing to determine the accused Planned Parenthood shooter's mental competency ended without a decision.

The decision whether Robert Dear is fit to stand trial has now been pushed to mid-May.

Both doctors who testified Thursday said Dear suffers from a delusional disorder. They told the judge Dear was incompetent to stand trial; that severe delusion would and has impacted Dear's ability to think rationally and logically about the case.

But the prosecution argued Dear knows what's going on. They insisted he understands the charges and understands how court hearings work.

While forensic psychologist Jackie Grimmett offered Dear's belief President Obama is the Antichrist as evidence of mental disorder, the prosecution fired back that perhaps Dear has very strong political and religious views.

If Dear is ruled incompetent, it doesn't mean that he won't ever stand trial, just that the case would be put on hold while he received treatment to restore his competency.
UPDATE, 4/28, 4 p.m.:: An assertion by Robert Dear that it was his life at stake received an audible reaction from some of the victims' family members.

Late in the proceedings, Dear blurted out in court that it was his right to represent himself because, "It's my life on the line." Family members of the victims scoffed.

A doctor from the state mental hospital, Jackie Grimmett, continued testimony saying Dear has a delusional disorder. The doctor said it is a mental illness; someone can have even the person knows the date and time and can hold a conversation. The doctor testified Dear's intellectual functioning is fine but that has no bearing on his competency.
UPDATE, 4/28, 12:01 p.m.: A doctor from the State Hospital took the stand late Thursday morning, and testified that suspect Robert Dear is incompetent.

Court then took a recess. The doctor's testimony will continue later Thursday afternoon.
UPDATE, 4/28, 10:43 a.m.: Suspect Robert Dear allegedly said he wanted to make law enforcement believe he had committed suicide during the Planned Parenthood standoff last November, so that they would come to where he was and he could take a few more out.

This according to Detective Jerry Schiffelbein, who testified Thursday in a hearing over the accused Planned Parenthood shooter's mental competency.

Schiffelbein, the first law enforcement officer to have direct contact with Dear after his arrest, shed light into Dear's demeanor on the night of Nov. 27, 2015.

Schiffelbein, the primary lead detective in the case, testified Thursday that he did not see anything that would indicate that Dear did not know what was going on.

Once detained, Schiffelbein testified that Dear started talking immediately, and waved Schiffelbein off when the detective tried reading him his Miranda rights. Despite Dear's insistence that he knew what Miranda rights were and he wanted them waived, Schiffelbein said he read them anyway.

Schiffelbein said Dear ranted about Obama and the FBI, stating that the former was the Antichrist and the latter, following him.

Dear elaborated: the feds would come to his house, cut holes in his clothes, then would leave a feather behind to let him know they were there, Schiffelbein testified.

Once Dear was at the El Paso County Sheriff's Office, the interview lasted another seven and a half hours. It was during this interview that Dear made the comment about wanting to take out a few more officers, according to Schiffelbein.

From start to finish, Schiffelbein said Dear never showed any indication that he didn't know what was going on. Schiffelbein testified that based on his interaction with Dear, he did not believe competency was an issue.

Dear believes the defense is trying to get him declared mentally incompetent as part of a plot to diminish his message regarding abortion, Schiffelbein told the courtroom.
PREVIOUS 4/27: Accused Planned Parenthood shooter, Robert Dear, will be back in court on Thursday. The focus of the hearing will be his mental health.

Dear is accused of killing three people and wounding nine others last November at the Planned Parenthood clinic in Colorado Springs.

The judge will eventually decide whether or not he is fit to stand trial.

The doctor who evaluated Dear at the State Mental Hospital is expected to testify about his report and observations.

The suspected gunman has told 11 News that he's seen the report and it said he is incompetent. He disagrees.

"I'm competent and they say I'm not competent. They want me to be incompetent so I cannot be my own lawyer, which is my constitutional right because they don't want me to be able to talk in court,' said Dear.

The official results of that mental health evaluation are likely to be released in court on Thursday.

11 News spoke to Brad Laybourne, a local attorney who's a former prosecutor, about what would happen if Dear is deemed incompetent.

"Everything stops, the defendant is remanded to the State Hospital and they make every attempt to return the defendant to competency," said Laybourne.

If a defendant is returned to competency, the court would be notified and the case would move forward.

While either side, or the judge, can ask for a second evaluation after Thursday's hearing, Laybourne said that's not very common.

"I've never seen a situation in my career where the prosecution requests a second evaluation, generally the report coming out of the State Hospital is pretty independent," he said.

11 News will be inside the courtroom on Thursday and will report any new information we learn.