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Judge: Nielsen is competent to stand trial

By Trevor Maxwell Portland Press Herald Staff Writer September 20, 2007 09:57 AM

SOUTH PARIS — Christian Nielsen is fit to stand trial, a Superior Court justice ruled on Thursday.

Nielsen, 32, faces murder charges in the September 2006 slayings of four people in Newry and Upton. It was one of the most brutal and shocking crime sprees in recent Maine history.

Nielsen has pleaded not guilty by reason of mental defect or disease, commonly called an insanity defense. He has been examined by state and private psychologists, who disagreed at a recent competency hearing on whether Nielsen was fit to stand trial. That hearing concluded on Monday, and Justice Robert Crowley filed his ruling Thursday morning at Oxford County Superior Court.

"Nielsen demonstrated no behavior throughout the competency hearing that would suggest that he does not understand the charges against him, is unable to comprehend his legal situation or lacks the capacity to cooperate with his attorneys," Crowley wrote in the 14-page decision.

One of the defense attorneys, Ron Hoffman, said repeatedly during the hearing that Nielsen had not been cooperative, and was not making decisions about his own defense. Crowley said the state proved that Nielsen might not be cooperating, but he has the ability to do so.

"While this court does not doubt that it is frustrating and difficult for defense counsel to interact with Nielsen," Crowley wrote, "Nielsen's seeming lack of interest in communicating with his attorneys is insufficient to render him legally incompetent to stand trial."

The trial is scheduled to begin Oct. 9.

It remains to be seen, though, whether Nielsen will change his plea to guilty. During the hearing on Monday, Nielsen testified that if Crowley found him competent, he would enter a guilty plea because he does not want to go to trial.



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