A New Orleans judge declined Monday to revisit her ruling that alleged cop killer Travis Boys is not competent to stand trial at this time.
Prosecutors were asking Criminal District Court Judge Karen Herman to reconsider her decision in light of a recorded jailhouse phone call they said showed Boys was faking mental illness, but Herman said state law mandates that all proceedings in a case halt once a judge has found someone incompetent.
Herman also noted that both the 4th Circuit Court of Appeal and the Louisiana Supreme Court declined to review her initial ruling, which she made after Boys smeared excrement on himself and ate some of it during jury selection Wednesday. His trial was set to begin Monday.
Boys will be sent to the state mental hospital in Jackson for medication and evaluation. He is scheduled to appear in court in New Orleans for another competency hearing on Nov. 30.
Boys, 35, is accused of shooting and killing New Orleans Police Officer Daryle Holloway as Boys was being transported to jail in June 2015.
On Monday, prosecutors brought up a call Boys made to a woman hours after his competency hearing last week as proof he is ready for trial. Boys sounds upbeat and attentive in the 15-minute call, describing his feelings toward the woman on the other end of the line.
“I’m like, what this woman doing, what this woman doing? Does she know how much I love her though? Does she know how much I’m in love with her? Does she know how much she means to me? Does she know what she makes me feel, what she makes me do, what she makes me wanna do? What she makes me love to do?” Boys says on the tape.
Pointing to an affectionate phone call authorities say Travis Boys made to a woman from jail…
His tone on the call is at odds with his demeanor in court, where he has said and done little aside from the incident during jury selection. On Monday, he hung his head quietly as lawyers discussed his case.
His defense attorney, Billy Sothern, said the phone call was a product of "the same delusional, impaired thinking that has animated our concerns about his competency to stand trial."
Herman said prosecutors provided her with tapes of several other calls that Boys made in the past few days. She said those tapes should also be considered by doctors in Jackson as they seek to establish whether he is ready for trial.