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Murder Suspect May Face Two Trials

Posted: Mar. 2, 2018 5:53 PM PST

Two jury trials may be needed for a Nevada County murder suspect. 32-year-old Joseph Ward was arrested last summer for killing 61-year-old Kenneth Pestana at a home near Nevada City. About four months ago, criminal proceedings were suspended, when Ward’s attorney questioned his client’s mental fitness. But Assistant Nevada County District Attorney Chris Walsh says Ward has refused to talk to any doctors…

click to listen to Chris Walsh

Walsh says the defense has a right get such an evaluation, but he says since Ward never actually talked to a doctor he’s challeging the contention. So a jury trial has been scheduled for May 8th to determine competency. Walsh says the legal standard for mental fitness in criminal cases is low…

click to listen to Chris Walsh

If the jury finds that Ward is competent, there would be another jury trial to determine guilt or innocence. If Ward is found to be incompetent, he would be sent to a mental facility, in an attempt to restore competency.

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