Oakland – Prosecutors from the Alameda County District Attorney’s office were not able to schedule a fourth mental competency evaluation in time for Cedric Irving Jr.’s fifth court appearance, delaying the decision on the ability of the man charged with killing former Laney College athletic director John Beam to stand trial.
According to Assistant District Attorney Danielle London, Irving will have his fourth mental competency evaluation on May 7. London said that she will receive “verbal confirmation” of the findings from the doctor on May 8.
California Rule 4.130 establishes that a mental competency evaluation in criminal court seeks to determine whether the defendant is able to understand court proceedings or participate in their own defense due to “a mental disorder or developmental disability,” based on evidence provided. This means that if a defendant is found incompetent, they are unable to stand trial and criminal court proceedings must be suspended until they receive treatment and are deemed competent for trial.
Public defender Sydney Bird Levin asked the court to consider questioning the purpose of conducting a fourth evaluation.
Levin argued that “waiting two months” for another mental health professional to meet with Irving seems “excessive,” considering Irving has already received three evaluations.
Levin also said that it is “relatively rare” for the District Attorney’s Office to request their own evaluator and that it is “unusual” for the courts to appoint more than one evaluator for a case.
According to state law, the courts shall suspend criminal proceedings and appoint “at least one licensed psychologist or psychiatrist to examine the defendant’s mental condition.”
London responded to Levin’s comments by stating, “I don’t think the [prosecution] need[s] to answer any of the defense’s questions,” adding that the doctor chosen by the District Attorney’s Office is in “the top of his field.”
Judge Jason Chin also conveyed some concern over the length of time it will take until Irving is evaluated next. Chin asked London to make “every effort” to get the “earliest possible date,” which London agreed to.
Ultimately, the prosecution and defense came to an agreement to conduct a fourth evaluation.
Irving was charged on Nov. 14 with the fatal shooting of former athletic director John Beam, but has yet to enter a plea. The shooting took place on campus at the Laney Fieldhouse late in the morning.
Irving has already undergone three mental competency evaluations, two appointed by the court and one requested by the Public Defender’s Office before his Feb. 27 hearing. Court proceedings revealed that three evaluators have deemed him mentally incompetent to stand trial, though no ruling was made.
The Citizen asked Tish Gallegos, the representative for the Beam family and John Beam’s sister-in-law, for comment about today’s hearing. Gallegos told The Citizen that “[the] family is allowing [the] court process to proceed.”
The Citizen requested further clarification, but Gallegos did not respond in time for publication.
Irving’s next hearing is scheduled for 9 a.m. on May 15 at the René C. Davidson Courthouse in Oakland, CA.
