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Judge: Tuite Must Be Examined By Psychiatrist

Accused Killer Diagnosed With Schizophrenia

POSTED: 12:23 p.m. PDT July 16, 2003
UPDATED: 12:31 p.m. PDT July 16, 2003

The accused killer of 12-year-old Stephanie Crowe will be examined by a court-appointed psychiatrist to determine if he is mentally competent to assist his lawyers in his murder trial, a judge ruled Wednesday.

Judge Frederic Link's decision to grant the defense request for an examination means Tuite's scheduled Sept. 8 trial date is off.

Tuite, (pictured, left), a transient diagnosed with schizophrenia, is accused of sneaking into the youngster's rural Escondido home and stabbing her to death the night of Jan. 20, 1998.

Stephanie Crowe

The girl's body was discovered in her bedroom the next morning by family members, who said they heard nothing during the night.

Tuite, 33, will return to court Aug. 6, when a ruling is expected on whether he understands the charges against him and can help his attorneys prepare for what is expected to be a trial of up to four months in length.

Link said it may be necessary to conduct a nonjury trial to determine whether Tuite is mentally competent to go to trial.

If the defendant is found competent and criminal proceedings are reinstated, trial would be set for Feb. 2, the judge said.

Defense attorney Brad Patton said there was "no conceivable way" that he and attorney William Fletcher would be ready for trial in September, given the ongoing investigation by authorities.

Patton said he might also file a motion to move the trial out of San Diego.

Tuite was seen in the area of the Crowe residence the night before the girl's murder, asking for an old friend named Tracy.

Michael Crowe, the victim's 14-year-old brother, and two friends were originally charged with her killing. But charges were dropped in 1999 when a DNA test revealed the victim's blood on a shirt that Tuite wore the night of the murder.

At a preliminary hearing earlier this year, Tuite's lawyers presented evidence that they say pointed to Michael Crowe, Joshua Treadway and Aaron Houser as the real killers.

The case was turned over to the San Diego County Sheriff's Department and the state Attorney General's Office three years ago.

Special Assistant Attorney General David Druliner said Escondido detectives made "multiple assumptions" early on, such as the murder was an inside job.

The prosecutor said detectives threatened and mistreated Treadway during more than 25 hours of interrogation over a three-day period, causing the teen to lie and implicate his friends in the slaying.

Patton said earlier that he will present evidence at trial that the blood specks found on Tuite's shirt could have been caused by contamination.

Link ruled last month that Tuite's attorneys could use the incriminating statements made by Michael Crowe and Treadway at trial, despite the coercive tactics used by Escondido detectives and other police officers.


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