Impact of Services
State v. Jesse James Scholler, Snohomish county Superior court Case Nos. 08-8-00426-1 and 08-9-00443-1. Ruling by Thomas J. Wynne, Judge (August 6, 2008).
"Jesse has a 5th grade reading level but he comprehends what he reads at only the 3rd grade level. He is at the educational level of an 8 year old.
The Court is going to give greater weight to Dr. Brown's testimony in this case based on the additional time she spent with Jesse and in consultation with Jesse's special education teacher as well as Ms. Conner's testimony than the testimony of the State's expert witness.
I think Jesse clearly understands the nature of the proceeding against him and what he is charged with doing. He does have FAS. As a result of that, he does have significant executive functioning deficits. His verbal skills are such that apparently those deficits are masked to a large extent to those who don't know him or don't have a better understanding of what those deficits are.
In any case, I am persuaded that evidence in this case reflects that Jesse does not have the capability to meaningfully assist his attorney in his own defense due to his executive functioning deficits as a result of FAS, and that based on that he would not be competent to assist in his own defense in this matter. And, I will reverse the previous finding of competency based on the extended testimony we have heard here and find that he is not competent to stand trial in this matter.
I do not see any ability to restore competency given the nature of the disability."