The Gazette
Mar 02, 2019
A man accused of raping and killing a woman in Old Colorado City in 1988 was ordered to undergo an evaluation to determine if he’s mentally fit to stand trial.
After testimony from investigators and forensic experts, Chittum ruled Friday that the prosecution has enough evidence for Papol to stand trial on charges including three counts of first-degree murder, each for a different theory of how the crime unfolded.
But the competency evaluation, which Chittum ordered be done at
“This is going to come up again,” said Chittum, who set another hearing for
Such mental competency evaluations examine whether defendants can understand court proceedings and aid in their defense.
If found mentally incompetent, Papol will have to be treated by state psychologists until a judge rules that his mental fitness is restored. Inmates’ treatment can’t extend beyond the maximum sentence they face.
Papol, 46, was 15 when Vialpando was beaten, raped and stabbed to death. His mother has told police he was staying with his family at a motel that was “within feet” of an alley near
The slaying was a mystery for decades, until a routine search by the
An updated profile from another sample from Vialpando’s body had been added to the system in 2016, testified
Dressed in an orange jumpsuit, Papol trembled in his chair at the defense table, bouncing up and down slightly. The judge denied a motion by defense attorney
When Chittum asked if he wanted to stay for the hearing, Papol quietly replied that he preferred to “go back to jail.”
A defendant may waive their right to be present at a preliminary hearing, but listening to the proceedings can offer the accused insight and some advantages, such as the opportunity to suggest questions to his or her attorney, said
Potential issues with Papol’s competency, however, raise questions about whether was mentally stable enough to make the decision to not attend the hearing, Dubois told The Gazette. “Is he competent to give up that right? Incompetence typically means, no, he’s not,” Dubois said.
Papol is prescribed Latuda, an anti-psychotic drug, to ease his symptoms of bipolar disorder and schizophrenia, Bednarski said.
The County Attorney’s Office said in a report filed Thursday that the Sheriff’s Office and the jail’s health care provider have said Papol is receiving necessary medical care, said Deputy District Attorney
But officials have since learned that some of the information provided in the status report was inaccurate, sheriff’s Spokeswoman
The County Attorney’s Office will file additional paperwork with the court Monday to “correct the misinformation,” she said. She declined to provide further details about the inaccuracies, citing confidentiality requirements.
After the
The company declined to comment on Papol’s case.
“What we can say is Armor’s behavioral health caregivers have genuine concern for their patients, and are committed to ensure appropriate care is provided,” Armor COO
Papol’s case appears to be another instance of a criminal defendant languishing in a county jail amid a shortage in psychiatric beds at the state hospital in Pueblo.
At the time of his arrest in September, Papol had been held in a maximum security wing at the Pueblo hospital for 16 years, his attorneys previously said in court.
He had been receiving care there after being found not guilty by reason of insanity in a pair of robberies committed in 2002. People acquitted under such circ*mstances can be confined until doctors determine they no longer suffer from a mental illness or are no longer a threat to themselves or others.
He was transferred to the El Paso County jail upon his arrest in the 21-year-old cold case, where he has been held without bond.
Papol’s attorneys complained in January that he hadn’t consistently received his psychiatric medications at the jail. Chittum then ordered that he be transferred to the Pueblo hospital. But the state responded in a motion in February that there were not enough beds to admit him, according to his defense team.