Review
Amir Edwards, who is accused of aggravated assault during a Tresckow supermarket robbery, and faces homicide charges in Luzerne County, needs a psychiatrist who would cost at least $3,000 to determine whether he might have a mental illness, his lawyer told a Carbon County judge Friday.
Edward's confession may have been influenced by an undiagnosed mental illness, his court-appointed attorney, Adam R. Weaver, told Judge Joseph J. Matika.Further, if Edwards was diagnosed with a mental illness, it may be the basis of an insanity or diminished capacity defense, Weaver said.An evaluation would help determine "whether or not he knew what he was doing" when he confessed, he said."I want him (the psychiatrist) to look into this confession," Weaver said.Also, Edwards is entitled to present evidence in his own defense, he said.Weaver said to properly defend Edwards, he needs to know what mental stressors may have impacted the confession.District Attorney Jean Engler opposed the request, arguing that Edwards has no history of mental illness, and that a psychiatrist could not testify that a mental illness prompted a false confession. That's up to a jury to decide, she said.Further, Luzerne County has not asked for a mental health evaluation, she said.She said that at his preliminary hearing, his statement of confession to police indicated Edwards appeared lucid, responsive, focused and aware of what he was saying.Both Weaver and Engler cited court cases bolstering their arguments.Edwards, sitting next to Weaver, did not testify.Matika said he wants more information before "spending taxpayer dollars" on a psychiatrist. He told Weaver to submit written arguments within 14 days, and gave Engler another 14 days to respond.Edwards, of Hazleton, turns 23 on July 17. He was charged by West Hazleton borough police and the state Office of Attorney General with the fatal stabbing of 27-year-old Zachary Richards on Sept. 12, 2014.Richards, who died after being stabbed in the back, was the brother of Luzerne County Assistant District Attorney Justin Richards.Edwards was charged with criminal homicide and aggravated assault. He remains in Luzerne County prison without bail.Two days earlier, on Sept. 10, 2014, he is believed to have attacked a clerk in the Tresckow, Carbon County, supermarket.He faces felony charges of aggravated assault, robbery-inflict serious bodily injury, conspiracy, theft and simple assault in that case.On Sept. 5, Edwards is believed to have participated in a home invasion in West Hazleton in which a 69-year-old woman was assaulted and robbed.He faces felony charges of aggravated assault, conspiracy and robbery in that case.Weaver, in a petition filed with Carbon County court, argues that a psychiatrist is needed because Edwards was placed on suicide watch upon admission to the county prison.On April 10, Edwards filed a request to have his confession suppressed."A mental health evaluation would assist the defendant in preparing for any hearing scheduled on the omnibus pretrial motion for relief, including false confession analysis, as well as defense preparation for any trial, including the presentation of mitigating circumstance warranted in this case," Weaver's petition says.He notes that Edwards is indigent. To deny the mental health expert would "impede the defendant's ability to properly prepare an adequate defense and present mitigating circumstances," the petition says.Weaver listed two candidates: Dr. Ilan Levinson of Lehighton, who charges a $3,000 flat fee to conduct a mental health evaluation, plus $500 an hour for court hearings or any other matters.Dr. Frank Datillio of Allentown also charges the flat $3,000 for a mental health evaluation, plus $1,500 per half day of testimony or $2,500 for a full day.Weaver believes Datillio is the best choice.