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John Tyler Murder Suspect in Court

Competency hearing today...

Roger Gray / KETK News
November 2, 2009 - 9:31pm

Despite defense pleas that the 16-year-old accused of stabbing John Tyler High School teacher Todd Henry to death, is mentally incompetent...a judge ruled today that he will stand trial.

Smith County Judge Floyd Getz heard arguments today that included pleas from defense attorney Jim Huggler that the suspect suffers from mental illness and is incapable of understanding what is happening around him.

Prosecutors, though, offered two reports from the Terrell State Hospital that showed that if the young man was properly medicated, he is competent and aware.

Family spokesman Bishop L.J. Guillory charged that the defense attorney is doing more harm than good.

"I want to say,” Guillory declared, “we do not appreciate what happened in here today. We believe that
this attorney is not competent to handle this type of case."

Huggler responded, "I didn't hear what he said and I'm not going to comment on it."

Huggler said he offered evidence of the suspect’s mental condition.
"The court knows,” he told reporters, “and we have provided records indicating a longstanding mental illness. You heard me discuss some of the issues I have been having with my client.
How I believe that there is no effective communication because of his mental illness."

"For him to submit information to the court that is contrary to what he's asking the court,” Guillory replied, “shows his lack of competence."

Huggler bristled, "I am board certified in criminal law. I have handled capital murder cases before. yes, i'm providing effective representation to my client."

"At this point, now what we need is a competent attorney,” Guillory continued, “who can address the issues and make sure this young man gets the help so this can never happen again."

"I have no idea what you're talking about," Huggler concluded.

The suspect’s mother has a different view…
"God is in the midst of everything,” she said, “and He knows what's going on with everybody."

Prosecutors have made a motion that the suspect be tried as an adult, and that ruling should come at the next hearing set for November 16th...


2 comments

It is imprudent to declare a person with this history as fit to proceed without an evaluation. This threatens the integrity of the case given the amount of obvious evidence to suggest this child has mental retardation, schizophrenia, and multiple hospitalizations. No justice will be had if all is lost due to incompetence on the judge's part. "Clear, oriented, and goal directed" - comment from a 6 month old report probably referring to the mental status of this young man at that time on that day which is not considered a static characteristic. This is a perfect example of confirmation bias - the judge was looking for an excuse to dismiss the motion for an evaluation and he found it. So much for neutrality. Surely the judge at least respects the Henry family enough to not risk the integrity of this case by making the mistake of not having Truvia evaluated for fitness to proceed?
What's to be gained if justice is tainted?

What's needed is a forensic psychiatrist or psychologist, not a criminologist. There is no licensure requirement to be a "criminologist" in Texas, therefore little value would exist in a courtroom for this expertise. This only distracts from the real issue - and, in essence, hinders this young man's defense, thus, assisting the prosecution. I doubt Truvia's family really wants that. I doubt the Henry Family wants that. It looks as though Mr. Guillory is more into self promotion than advocating for the best interest of this young man. Otherwise, he would thank God for this attorney. Having witnessed Jim Huggler's work, he is anything but incompetent. Mr. Guillory's statements are unfounded and slanderous. Mental health reports, even forensic ones, contain a variety of information, both exculpatory and inculpatory. Only a fool would suggest that the defense could submit a redacted report with only parts that support one side. The incompetence, if any, is on the part of the judge, not the defense attorney.

Robin Brown

2 weeks ago

Mr. Huggler has been previously commended and praised by his peers and has received highest recognition and award by his colleagues as a member of the Bar. I think the press needs to present information that supports both sides of the issue at hand regarding Mr. Huggler's competence as an attorney. As such, it is clear that Mr. Guillory is in no position to allege incompetence on behalf of Mr. Huggler, and that Mr. Guillory also has no idea what he is talking about.

Stefan Thiele MD

2 weeks ago

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