Farrel is in the second day of a major psych evaluation by a Lewisburg physician. He is getting quite practice at taking psych exams, this being his third.
The first two occurred with his last case: After being charged with arson of burning 500 sq ft of his own property plus two other charges, Farrel was arraigned and spent 30 months in jail pursuant to a physician's eval that said he was not competent to stand trial and house in the Tygart's Valley Regional Jail.. At he end of the 30 months another dr. said that he was competent to stand trial. He was tried an acquitted in a jury trial in Pocahondtas County.
Since TVRJ is not a mental health facility it has been questioned what treatment did he get in the 30 months time he was in jail. When his lawyer raised the question of why he wasn't given a speedy trial as required by the constitution, a local judge ruled that his civil right to a speedy trial was applied properly in light of the question of hi competency. His last two charges were dismissed.
Now the same pattern is being repeated again!!!! He suddenly is being given a two day psych evaluation which could declare him incompetent for standing in defense of charges that he peed in a Marlinton alley.
He could be remanded to jail for the charges and for another 30 months since the Pocahontas court has ruled that 30 months constitutes a speedy trial. Again he could be sent to TVRJ for that time without any mental health treatment as was the case of his last incarceration.
As a going away present from the guards at TVRJ he was given a substantial beating complete with bruises and two teeth broken. He was treated in the Pocahontas Memorial Hospital ER after he was released from jail. (In other words, they don't like Farrel over there) So he is likely to be found hanged the next time long before the next 30 months end.
State Police trooper, Herbie Barlow, saw Farrel in the alley next to the funeral home. Farrel says that Herbie asked him "if" he was peeing in the allley and he said no. The officer said he was going to give him a ticket for "indecent exposure." He was summoned to court and given a $250 PR bond and a public attorney.
Remember there is no law against peeing in the alley. But Farrel says he wasn't peeing and that the officer never saw him peeing.
Indent exposure has an intent element related to sexual gratification. One has to stand in a public place and make some overt action (show himself in a provocative way) Peeing in an alley on its face would seem to not be a "public" place for purposes of the statute. It would have been public property but it lacks the "sexual gratification" element. Most men shield themselves when they pee behind a tree; it is common intuition. Sight is limited in the aforementioned alley. If Farrel had been a woman it would have been obvious that she was merely peeing. In this case, it would take incredible eyesight for a trooper to tell if Farrel had exposed himself.
Peeing in the alley is not a sign of mental incompetency either. Why should he have to be tested at a probable cost to the county of $100 per hour for two days to determine if he is competent to stand trial for peeing in the alley. Don't we have better ways to use the tax dollar?
So there we are. We have a public defender on Farrel's case and a bona fide psychological running a bill on it. And if he is declared incompetent to stand trial what are they going to do with Farrel. If he is declared competent then the 90 day "speedy trial" may have kicked in and the case will have to be dismissed.
So Farrel goes back to the streets!