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Mental State Delays Trial ; Ability To Assist Defense Attorney Questioned In Several Cases Here Mentally-Ill Defendants

Intelligencer Journal (Lancaster, PA) - 5/8/2015

The capital murder trial over a Columbia man's 2013 killing is on hold after the man charged was deemed incompetent.

Mario Casanova-Lanzo was to stand trial this week in Lancaster County Court over the Feb. 20, 2013, shotgun killing of his estranged wife's new beau.

Police allege Casanova-Lanzo broke into the woman's home and shot 36-year-old Parrish Thaxton at close range in an upstairs bedroom.

Prosecutors intended to seek the death penalty.

But the case is on hold after county Judge Howard Knisely ruled Monday that Casanova-Lanzo is unable to assist his attorneys in his defense at trial.

"The case will proceed if, or when, his condition changes," defense lawyer Christopher Lyden said Tuesday.

Judge Knisely's ruling was based on a local psychiatrist's report on Casanova-Lanzo's mental state, following an April 4 appointment.

Assistant District attorneys Christopher Lechner and Amber Czerniakowski didn't challenge Dr. Jerome Gottlieb's report or opinion that Casanova-Lanzo is mentally ill.

"It ends up delaying the proceedings and is, of course, frustrating," District Attorney Craig Stedman said after the hearing. "But the (defendant) must be able to understand the charges and participate in their own defense."

For the time being, Casanova-Lanzo will receive treatment at Norristown State Hospital. Authorities there will provide the court with updates on Casanova-Lanzo's condition every 60 days.

The ruling, while rare here in homicide cases, isn't unprecedented.

"It is uncommon for defendants to be declared incompetent to stand trial," Stedman said, "but many of them end up being found competent after treatment."

Here are a few Lancaster County cases when attorneys argued that charged killers were mentally ill:

Michael Lee Musser

Musser, 56, hasn't been tried in the alleged 2006 killing of his mother in Mount Joy.

In 2011, a local judge ordered Musser to continue receiving treatment, indefinitely, at Norristown State Hospital.

Dr. Gottlieb opined that Musser was "one of the most ill individuals" he'd ever evaluated. Gottlieb opined that Musser might never be well enough to assist in his defense at trial.

Musser allegedly killed his mother because he believed "that the devil was residing in her," Gottlieb testified in 2011.

Meghan Lippiatt

The Mount Joy mother received mental-health treatment for years before she was tried in 2007 in the 2004 killings of her two young sons. She initially was deemed incompetent to be tried following her arrest.

A local judge ultimately found her not guilty by reason of insanity. Lippiatt had been hearing "sinister" voices ordering her to kill the boys, according to trial testimony.

Lippiatt, 35, died of an apparent suicide in 2011 in Arizona.

Gary Gerlach

Gottlieb opined that Gerlach, charged in a 2012 double-murder in Leola, was incompetent to stand trial. Gottlieb testified in mid- 2012 that Gerlach was "psychotic" and unable to assist in his defense over the killings of Mona Hess and her daughter, Makenzie Hess.

However, later in the year, Gottlieb opined that Gerlach's condition improved and he was able to stand trial.

Ultimately, Gerlach, now 25, pleaded guilty but mentally ill in June 2013 to two counts of first-degree murder.

Nancy Helen Clark

Last year, charges against Clark were dropped after multiple psychiatrists deemed her to be legally insane. Clark, 62, was charged with homicide and related counts regarding a 2012 fire that killed her husband.

Clark received mental-health treatment since her arrest, but was freed when charges were dropped.

Meghan Lippiatt: Not guilty by reason of insanity over deaths of 2 sons

Nancy Clark: Homicide charge dropped, Clark freed, after legally insane ruling

Michael L. Musser: Charged with killing mother in 2006; in treatment ever since

Gary Gerlach: Pleaded guilty but mentally ill in June 2013 to two counts of first-degree murder