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Demagall declared incompetent by judge
By Andrew Amelinckx
The Massachusetts man that was facing a retrial for the alleged murder of a Hillsdale man in 2006 has been found not competent to stand trial in the case by Columbia County Judge Jonathan Nichols.
The judge’s decision was handed down Thursday afternoon after a hearing earlier in the week in which Nichols acknowledged that the psychological reports filed by the two psychiatrists, one chosen by the prosecution, the other by the defense, agreed that William Demagall “lacks the capacity to proceed with the trial.”
“It’s bittersweet,” said Richard Mott, the defendant’s attorney, afterwards. “At least now William will be getting the psychiatric treatment he needs, but the trial continues to hang over our heads.”
According to Mott, Demagall will remain in the custody of the Commissioner of Mental Hygiene in a secure facility for up to one year.
At anytime within the year, if it’s determined that Demagall is once again competent enough to stand trial, he would go back before Nichols for another hearing to determine whether this is in fact the case. If not, the judge can continue to renew the order to keep Demagall under the custody of the Commissioner of Mental Hygiene.
Nichols is the second judge involved in the case.
Just over a year after allegedly stabbing 56-year-old George Mancini more than 30 times, beating him repeatedly and attempting to set his body on fire, Demagall was sentenced to 25 years to life by Judge Paul Czajka.
The sentencing came after Demagall’s December 2007 trial in Columbia County Court in Hudson, in which he was found guilty of second-degree murder.
The case was overturned in April and was scheduled for a re-trial beginning Nov. 30.
The judge’s decision was handed down Thursday afternoon after a hearing earlier in the week in which Nichols acknowledged that the psychological reports filed by the two psychiatrists, one chosen by the prosecution, the other by the defense, agreed that William Demagall “lacks the capacity to proceed with the trial.”
“It’s bittersweet,” said Richard Mott, the defendant’s attorney, afterwards. “At least now William will be getting the psychiatric treatment he needs, but the trial continues to hang over our heads.”
According to Mott, Demagall will remain in the custody of the Commissioner of Mental Hygiene in a secure facility for up to one year.
At anytime within the year, if it’s determined that Demagall is once again competent enough to stand trial, he would go back before Nichols for another hearing to determine whether this is in fact the case. If not, the judge can continue to renew the order to keep Demagall under the custody of the Commissioner of Mental Hygiene.
Nichols is the second judge involved in the case.
Just over a year after allegedly stabbing 56-year-old George Mancini more than 30 times, beating him repeatedly and attempting to set his body on fire, Demagall was sentenced to 25 years to life by Judge Paul Czajka.
The sentencing came after Demagall’s December 2007 trial in Columbia County Court in Hudson, in which he was found guilty of second-degree murder.
The case was overturned in April and was scheduled for a re-trial beginning Nov. 30.
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