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Delays in federal trial of accused Planned Parenthood shooter

Robert Dear Jr. has not gone to trial for the 2015 shooting because he's repeatedly been ruled incompetent.

DENVER — A federal judge on Friday gave both sides more time to make their arguments on whether alleged Planned Parenthood shooter Robert Dear Jr. should undergo another mental health competency evaluation.

A federal grand jury this week indicted 61-year-old Dear on 68 counts for allegations that he wanted to wage “war” against a Planned Parenthood clinic because the facility offered abortions. 

RELATED: Federal grand jury indicts suspect in Planned Parenthood shooting

The U.S. Attorney’s office said Dear is accused of using an arsenal of weapons to shoot at people in and around the clinic and at responding officers. He was found with rifles, handguns, a shotgun, hundreds of rounds of ammunition and propane tanks. He is accused of killing three people and injuring six.

The case won't move forward until the magistrate, Judge Kristen Mix, can determine Dear’s competency, which will happen after a decision on whether or not Dear will face a mental reevaluation. In May 2016, the district court in El Paso County in Colorado first ruled Dear was incompetent to stand trial.

“There’s nothing incompetent about me,” Dear said in an outburst in federal court Friday. “I’m not delusional.”

The defense has until Dec. 20 to file their complete argument against having another series of tests done on Dear. Prosecutors have until Dec. 27 to respond.

Pegeen Rhyne, assistant U.S. attorney, said in a court filing the last attempt to evaluate Dear was Oct. 15, and Dear refused to participate. He “remained incompetent” based “largely on historical information.”

Dear said he asked for four years for there to be a tape recorder during the evaluation at the “nut house,” but was told doing so would violate his privacy.

“[The evaluator] makes up a bunch of lies, and we don’t have a video tape to prove our side,” Dear said.

He later said he did not want to take the evaluation. Rhyne urged Dear to agree to the evaluation.

“I hope he views this to prove the competency he says he has,” she said.

Rhyne viewed this as an unnecessary extension.

“Justice has been delayed for four years in this case,” Rhyne said. “This case could go on for a great time to come. There is no need for needless delays, which is what they ask for.”

She argued that the state findings on incompetency were not binding on the court and the findings were time-specific. The government argues Dear’s history crossed the threshold for reasonable cause to order a new evaluation. This creates a need for a new competency evaluation.

However, Natalie Stricklin, one of Dear’s defense attorneys, said state findings have a “presumption of correctness.” The defense also needs more time to research the implications of a reevaluation.

“Anything we do can disrupt state proceedings,” she said. “Novel issues need to be addressed before we move forward.”

Rhyne said there were “notable problems” with the state evaluation of Dear, but did not go into further details. 

In a preliminary motion responding to the prosecution, Dear’s defense team also took issue with the proposed psychiatrist prosecutors have recommended to do a potential evaluation. Warren Williamson, assistant federal public defender, alleged Dr. Park Dietz would approach the case with bias.

“What is clear, however, is that Park Dietz, hired by the prosecution and to whom the prosecution has given materials – materials not first vetted by the defense or the court – almost certainly should not be ‘appointed’ to do an evaluation,” Williamson said. “This and all other issues raised by the government’s motion cannot yet be resolved.”

In their motion, prosecution said Dietz is “an extremely experienced licensed psychiatrist who has reviewed materials in this case.”

Judge Mix said on Friday that if another mental examination was considered necessary, she expected both legal teams to work on a compromise for who would conduct the evaluation. Until then, she said she “won’t prejudge until I see the brief.”

Rhyne said there were “notable problems” with the state evaluation of Dear, but did not go into further details. 

Dear said further delays would mean “justice delayed, justice denied” for the victims as well. Relatives of the victims in attendance later said they were not interested in speaking with reporters.

“The dozens of victims of this heinous act, as well as the Colorado Springs community itself, deserve justice,” said U.S. Attorney Jason Dunn in a statement when the charges were announced Monday. “After four years of lengthy delays in state court, and in consultation with the 4th Judicial District Attorney and victims, this office made the decision to charge Mr. Dear.”

Dear faces 65 counts of violating the Freedom of Access to Clinic Entrances Act and three counts of allegedly using a gun during a murder. If convicted, he could face the death penalty or life in prison.

RELATED: Judge: Colorado Planned Parenthood shooter still incompetent

Dear said on Friday that he underwent “cruel and unusual punishment” during his transportation to the courthouse. He said the driver drove like a “maniac” and made him feel nauseous. Dear called this treatment “retaliation.”

“[They] drove me to the nuthouse to silence me,” he said.

The U.S. Marshals did not immediately return a request for comment. 

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