Regardless of handful of specifics from his attorney on why he needs a mental evaluation, Perry Allison Hood is headed for Lakes Crossing in Sparks to receive one particular.
The 69-year-old former Nye County School District psychologist is facing child pornography charges and his lawyer, Christopher Arabia, asked for a hearing in Fifth Judicial District Court in Tonopah on Tuesday to decide if a mental evaluation ought to be carried out.
Judge Robert Lane started the hearing by asking Arabia the nature of his issues for Hood’s mental overall health.
Arabia mentioned he wasn’t comfortable discussing his specific concerns because of attorney/client privilege. He said he was concerned about Hood’s potential to help in his personal defense and to realize the charges against him.
“Because of the gravity of the charges,” Arabia said the court ought to “err on the side of caution” and grant the mental evaluation.
Lane cited a short filed by Deputy District Lawyer John Friel, which stated there was little to oppose because Arabia’s reasons for the evaluation had been typically vague.
Arabia mentioned he did not state specifics like substance abuse or Alzheimer’s disease as causes for searching for the evaluation but said he was “befuddled by some of the exchanges” he has had with his client.
Hood attempted to speak more than his lawyer but the judge admonished that it was in the defendant’s personal greatest interests to let his lawyer do the talking.
Friel indicated that there was “no down-side” for the state if the matter was continued for a mental health check and mentioned he would choose the evaluation to going forward with trial and obtaining the defendant’s mental state become an situation later.
“Given the gravity of the case, we will submit it,” Friel said in indicating he had no motion to oppose Arabia’s request.
Lane explained in his earlier legal career as a prosecutor, mental overall health evaluations have been somewhat regular and seldom opposed.
But he stated as a judge, he was concerned about the expense such evaluations price the county. He added that it would not be a “perfunctory” selection for him to order the evaluation.
Arabia mentioned he was prepared to continue the hearing till a later “law and motion day” at which time he would try to have far more specifics for the judge’s consideration.
He said he would be willing “to take an additional shot at it. ” A delay would let him to confer with other people on what could and could not be presented from his discussions with his client.
Friel indicated he did not sense the defense was seeking to delay the trial and Lane noted there is little likelihood that a trial would take location inside six months.
“If he desires more time, it is OK with me,” Friel stated of the defense.
As the hearing approached the 15-minute mark, Lane said the choice was to grant Arabia a lot more time to prepare specifics for the hearing or to send Hood straight to Lakes Crossing.
“It is your option,” the judge told Arabia, who indicated he wanted the mental health evaluation immediately.
“Alright, it is carried out,” Lane concluded.
Technically, Hood was sent to Lakes Crossing because “a particular person may possibly not be attempted or adjudged to punishment for a public offense although incompetent,” according to Nevada Revised Statutes.
Beneath Nevada law, “incompetent” indicates the particular person does not have the capacity to realize the nature of the criminal charges against them, understand the nature and objective of the court proceedings or help and assist their counsel in the defense at any time during the proceedings with a affordable degree of rational understanding.
There was no indication of when Hood would leave for Sparks.
Once his evaluation is completed, he will return to District Court exactly where a judge will choose if a trial will take place or the defendant is to be committed.
Hood was arrested in January following Peoria, Ariz. officers alerted neighborhood authorities about an Arizona case which may have ties to Tonopah.
Subsequently, Hood’s residence on Bryan Avenue in Tonopah was searched.
Photographs and other items had been seized in the course of the search, according to the Nye County Sheriff’s Office and Hood was charged with 21 counts of possession of kid pornography.
These counts had been reviewed by the Nye County District Attorney’s workplace in Tonopah and consolidated into one particular count of use of a minor in generating pornography or as topic of sexual portrayal in performance and four counts of possession of kid pornography.
Bail was set at $ 1 million and Hood has remained in custody since his arrest.
A Tonopah Justice Court hearing was held Feb. six at which time Arabia filed a motion to conditionally waive Hood’s correct to a preliminary hearing and asking that he be bound more than to District Court so that a psychiatric evaluation could be sought.