HARRISON — A Harrison man’s competency to stand trial remains in question more than a year after he was accused of killing his wife.
“This case is getting rather old,” Boone County Circuit Judge John Putman said Friday during a status hearing in the capital murder case against Richard “Dickie” Kidd. “I’m not complaining, but let’s just move it forward.”
Kidd, 67, has been in the Boone County jail since Feb.21, 2009. He initially was charged with first-degree murder in connection with the death of Eugeneia Cissie Coursey, 60.
Coursey was shot twice in the head with a .22-caliber Magnum pistol, according to an affidavit. She was found in her car, which was parked in front of Kidd’s home.
Boone County Prosecutor Ron Kincade increased the charge to capital murder shortly after Kidd’s arrest but is not seeking the death penalty. Kincade added a charge of keeping a gambling housein March 2009, based on records found during a search of Kidd’s home.
State doctors have found Kidd fit to stand trial, but an expert his attorney hired has a different opinion, Kincade said. As a result, the state plans to review an magnetic resonance imaging scan of Kidd and to schedule an examination by a neural psychologist, he said.
Doctors from both sides of the case have found Kidd suffers from a mental defect brought on by a stroke, said Pat Aydelott, capital conflicts attorney with the Arkansas Public Defender Commission in Little Rock, which is representing Kidd. Aydelottcontends his client suffers from short-term memory loss, hindering his ability to participate in his defense.
Kidd’s right to a speedy trial has been put on hold because his defense has raised the question of his mental fitness for trial, Kincade said after the hearing. In Arkansas, a person charged with a crime must be tried within nine months if they are in custody, he said. That’s extended to 12 months if the person has been freed, he said.
Time taken to determine whether a person is fit to stand trial doesn’t count toward that deadline, Kincade said. He said he hopes to resolve the question of Kidd’s mental competency in September, though Putman has not set a date for the hearing.
Police found handwrittennotes in which Kidd states he did not remember doing anything to Coursey but apologizing for what happened, according to affidavits. The couple had a turbulent relationship and were living together temporarily when she was killed, police said.
The case has been postponed several times, most recently in May, when Aydelott said he wanted an additional mental exam for Kidd. At the hearing, Aydelott raised additional issues that he said could prevent Kidd from having a fair trial.
Aydelott said deputies were listening in during his meetings with Kidd and opened Kidd’s mail that was clearly marked legal correspondence.
He complained of the same privacy issues related to Earnest Doyle Chastain Jr., whom he also represents.
Chastain, 43, is accused of first-degree murder in the death of Susan K. Powers, 53. She was found dead May 19, having been shot with a .22-caliber rifle and a .410 shotgun, according to the Boone County sheriff’s office.
After Friday’s hearing, Aydelott said he hasn’t had any problems with eavesdropping or improperly opened mail since taking the matter to Putman.
Boone County Sheriff Danny Hickman said that nothing has changed at his jail, and Kidd hasn’t been given any special treatment.
Hickman said that there never was a problem or “it’s resolved itself.” To contact this reporter:
Northwest Arkansas, Pages 7 on 07/24/2010