No competency hearing for inmate who stabbed Derek Chauvin

John Turscak is charged with the attempted murder of fellow inmate Derek Chauvin, who himself is convicted of the 2020 murder of George Floyd in Minnesota.TUCSON, Ariz. (CN) — The man who stabbed former Minnesota police officer Derek Chauvin 22 times in an Arizona prison will not receive a psychiatric competency hearing ahead of his February 2027 attempted murder trial.Despite generalized claims that his mental health has deteriorated after more than 30 months of solitary confinement, a federal judge ruled Thursday that John Turscak has shown no signs of incompetency or failure to grasp the nature and consequences of the case against him.“Consistent with defendant’s representations, the court has observed defendant conducting himself appropriately in hearings and filing coherent motions in which he cites applicable authority,” U.S. District Judge James A. Soto wrote.Soto, a Barack Obama appointee, called Turscak’s suggestion that he may not be fit to represent himself “vague” and “void of specific conduct” that would show mental incompetency.Turscak stabbed Chauvin — the police officer convicted of murdering George Floyd in May 2020 — the day after Thanksgiving in 2024. Turscak told investigators that he planned to stab Chauvin because of his high-profile status, and chose Black Friday to symbolize solidarity between the Black Lives Matter movement and the “Black Hand” symbol of the Mexican Mafia.Turscak requested to represent himself at trial, but went back on his decision in June 2024, instead asking Judge Lynette Kimmins to appoint counsel on his behalf. She did so, but that counsel withdrew itself just two months later. After another set of lawyers voluntarily withdrew themselves from the case, Turscak retained his pro se status and was appointed advisory counsel.After more than two years of solitary confinement and less than six months to trial, Turscak filed a new motion in August requesting a psychiatric evaluation “to determine his ability to rationally weight the consequences of electing to proceed pro se, and to also determine whether or not competent defendant is suffering from a mental disease or defect that has significantly impaired his judgment to make a defense.”A criminal defendant may not be tried unless he is competent. But the U.S. Supreme Court recognized in Indiana vs. Edwards that a defendant who satisfies the trial competency standard may still be unfit to represent themselves without the help of counsel.Still, a defendant must show specific examples of how a mental illness might interfere with that representation.According to the Bureau of Prisons, Turscak was diagnosed with antisocial personality disorder, has a history of depressive symptoms and has self-reported suicidal ideation and paranoia. Records also establish that Turscak has “sustained psychological stability” and was never prescribed any anti-psychotic medication.Soto said nothing on the record has conflicted with that finding. Assuming Turscak is presently suffering a specific mental illness, he would still have to demonstrate how that mental illness interferes with his ability to carry out the basic functions of self-representation.“Strong evidence of a serious mental disease or defect is not enough to raise a genuine doubt as to a defendant’s competency,” Soto wrote. “There must also be a clear connection between that disease or defect and some failure by the defendant to understand the proceedings or assist in his own defense.”At least three times, Soto granted Turscak’s motions requesting case files from prior attorneys and copies of court orders. In a recent status conference, Turscak told Soto he’s unsure he will be prepared for trial by February and did so again by filing the motion for evaluation. Soto said Turscak’s motions and representations in court demonstrate a complete awareness of the job required of him as his own attorney.To prevent additional delay, Soto promoted Turscak’s advisory counsel, Nicholas Brereton, to standby counsel to replace Turscak if Soto later decides Turscak cannot represent himself.Categories / Courts, CriminalSubscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads