An East Baton Rouge Parish prosecutor is asking a judge to appoint a psychiatrist of the state’s choosing to independently examine accused killer Trucko Stampley “for issues relating to the existence (or not) of mental retardation.’’
Prosecutor Darwin Miller also is requesting that all of the defense’s records relating to the issue of mental retardation be provided to the state immediately.
Stampley, who is accused in a pair of double murders in Baton Rouge in 2007, is scheduled to return to state district court Aug. 25.
Prosecutors are seeking the death penalty. A trial date has not been set. Stampley has pleaded not guilty and not guilty by reason of insanity.
State District Judge Lou Daniel twice found Stampley, 23, competent to stand trial, but the issue of mental retardation has not been resolved. The defense first raised the issue in mid-2009.
Daniel, who presided over the case for four years, disqualified himself in April because of a death threat from Stampley.
State District Judge Bonnie Jackson is now presiding over the case.
In a recently filed motion, Miller asks for “any and all … records … behavioral observations, reports, evaluations, and any other information of any kind reviewed by any defense expert in forming the basis of his opinion that the defendant is mentally retarded.’’
Miller also notes that when a defendant makes a claim of mental retardation, the state has the right to “an independent psychological and psychiatric examination of the defendant.’’
The prosecutor is requesting that Jackson appoint Dr. Robert Blanche to conduct such an examination of Stampley “for issues relating to the existence (or not) of mental retardation.’’
Blanche is the psychiatric director at Parish Prison.
Miller said the Louisiana Code of Criminal Procedure allows Blanche to utilize the services of an educational/forensic psychologist “to determine verbal IQ of the defendant in order to render a complete examination and determination of the defendant’s intelligence as it relates to ‘mental retardation.’’’
Stampley spent more than a year at the state mental hospital following his April 2007 arrest.
Daniel ruled in August 2008 that Stampley was competent to stand trial after a psychologist and psychiatrist from the mental hospital testified Stampley had been feigning some of his reported psychological problems.
Daniel ruled again in July 2010 that Stampley was competent to stand trial. That ruling came after Miller revealed Stampley had sent a letter to Parish Prison officials saying he’s “not playing crazy no more.’’
Stampley is charged with four counts of first-degree murder in the April 2007 slayings of Marie Pedescleaux, 80, and her daughter Denise, 46; and Charles “Chick’’ Colvin III and his wife, Ann Lynn Colvin, both 73.
The Pedescleauxs were found shot to death April 25, 2007, in their Crown Avenue home in Glen Oaks.
Two days later, the Colvins were discovered fatally shot in their Thibodeaux Avenue residence in Goodwood Estates.