A Kenosha judge has refused to accept the contention that a murder defendant isn’t legally competent to assist in his own defense.
The trial for a former group home resident whose accused of killing one house mate and injuring another two years ago is expected to go on as scheduled later next month, unless the defense appeals Judge Bruce Schroeder's Tuesday morning ruling.
In court Tuesday, attorneys for 68 year-old Marcel Kudzin argued that their client is delusional at times and doesn’t seem to fully comprehend his legal challenges.
While indicating no doubt that Kudzin is mentally ill, Judge Schroeder noted that two of the three experts who examined him opined that he is competent to proceed.
What could be construed by some to be irrational thinking, Schroeder suggested, could actually represent some strategizing. Schroeder offered an analogy. "There are some people who believe in angels and some who don't. Are the people who believe in angels crazy?," he asked rhetorically.
During Tuesday's 90-minute-long hearing, Kudzin seemed to be listening intently, but showed no visible reaction to anything that was said. He occasionally whispered to an attorney sitting next to him.
Kudzin’s history includes a 16-year stay in an Illinois mental hospital after he tried to kill someone. Kudzin served in the military but was discharged in the 1970s because of mental illness.
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