OAKLAND — The case against a woman accused of brandishing a knife at a Hayward mother and attempting to kidnap her 4-year-old son was suspended almost immediately after being filed when the defense attorney raised doubts about the defendant’s mental competency, court records show.
Barbara Lopez, 35, was charged March 8 with the attempted kidnapping of a 4-year-old boy and assault with a deadly weapon for allegedly threatening the mother with a folding pocketknife. Just six days later, Lopez’s attorney formally declared a doubt about her mental competency, prompting a medical review that may get her sent to a state hospital if doctors agree she can’t understand the proceedings, court records show.
Hayward police allege that the mother was walking her son home from school March 6 when Lopez walked across four lanes of traffic to approach them, brandished the knife, and said, “Give me your kid.” The mother was able to flag down a passing driver who pulled over and drove both victims to the police station, authorities say. Lopez was arrested the same day after police found her near an Interstate 880 onramp.
The mental health care system within criminal courts is fraught with delays and roadblocks, with a statewide hospital bed shortage that has led to people spending weeks in jail even after they’ve been found mentally incompetent to stand trial. Once evaluated by a doctor, a defendant’s mental competency can be contested by prosecuting or defense attorneys, leading to a trial, which can then be subject to appeal afterward.
The Department of State Hospitals has been sanctioned by judges across California for failing to comply with the so-called Loveton Order, a legal precedent stemming from a Contra Costa County resident’s lengthy stay in jail after he’d been declared mentally incompetent by the courts.
Source: www.mercurynews.com