Judge Denies State Hospital Request For Rutledge

The request to have defendant Richard Lamber Rutledge receive a mental examination at the state hospital was denied by District Judge David J. Cybulski on Wednesday, July 14.

Rutledge is facing two counts of sexual intercourse without consent and two counts of incest.

Cybulski ruled that he wasn’t going to send Rutledge to the state hospital, but he encouraged the defense to pay to have Rutledge evaluated in Roosevelt County. Cybulski asked Rutledge if he realizes that the process will further delay him going to trial.

“I realize it’s trying to give me a fair trial,” Rutledge said.

During the hearing, defense attorney Mary Zemyan claimed that the defendant often seems to not understand items of discussion.

“I think my client is a little bit confused day by day,” she said. “Some days, he seems to understand everything. Other days, he seems to forget everything I’ve told him.”

Zemyan noted that attorney Matthew Claus, who earlier defended Rutledge, was originally proposing such as motion last September.

Roosevelt County Attorney Frank A. Piocos said he doesn’t object to Rutledge being evaluated if it occurs in the county jail.

“This is another delay tactic,” Piocos added.

He brought up safety concerns and noted that there’s a federal hold on Rutledge.

Zemyan argued that she just wants to make sure that her client is fit to proceed. “That’s the issue basically to the court,” she said. “Does he have the ability to provide meaningful assistance? I want to make sure my client knows what he’s talking about when he tells me what to do.”