File Pool Photo Douglas Healy
Wang at an earlier hearing.
Dr. Lishan Wang, who is charged with shooting Yale doctor Vajinder Toor to death outside his Branford condo last April, surprised a New Haven courtroom Tuesday morning by telling a judge he wants to fire his public defenders and represent himself at his murder trial. Superior Court Judge Roland D. Fasano in effect responded: not so fast.
Tejas Bhatt, one of Dr. Wang’s public defenders, explained his client’s wishes. A Manadrin interpreter translated for Dr. Wang, who is versed in English but has asked that an interpreter be at his side at the proceedings in Connecticut Superior Court.
“I understand from your attorneys that you wish to represent yourself,” the judge said to Dr. Wang, who came to court handcuffed and wearing a brown jumpsuit. “Do you have the capacity to represent yourself?”
The judge said he had to determine first if Dr. Wang is competent to stand trial. Under Connecticut law, a defendant is not competent to stand trial if he is unable to understand the proceedings against him or to assist in his own defense.
Judge Fasano then ordered that Dr.Wang be examined by a psychiatrist or a team of mental health experts. Their findings are to be presented to him in a report. The judge set Sept. 27 for the next court appearance.
“It is never a good idea to represent yourself at trial,” the judge told Dr. Wang, adding that his public defenders were first-rate and very experienced. He then explained that if he is allowed to go forward and represent himself, “I will appoint stand-by counsel in case you have any questions of a legal nature or procedure.”
While Dr. Wang has not technically confessed to the murder, he has stated in a police report that he stalked Dr. Toor, placed himself at the scene of the crime and told police he spoke to the victim moments before the shooting. He also said after his arrest that he might commit suicide. Police said that Dr. Wang methodically set out to seek revenge against Dr. Toor and two other physicians whom he blamed for ending his medical career at Kingsbrook Jewish Medical Center in Brooklyn.
The judge may call his own witnesses and conduct his own inquiry and must by law hold a hearing no later than ten days after he receives the written report.
Any evidence of Dr. Wang’s competency to stand trial — including the reason for his travels from Georgia, where Dr. Wang lived to Branford last April — may be introduced by the state’s attorney at that time. Senior Assistant State’s Attorney Gene R. Calistro, Jr., listened closely to the proceedings Tuesday but said nothing. It would be up to Calistro to show that Dr. Wang is competent to stand trial. Under state law, a defendant is presumed to be competent.
If, in the end, a defendant is found incompetent to stand trial, then he is not tried until his condition improves.
At one point Tuesday the Mandarin interpreter explained that Dr. Wang’s attorneys had sought a mental evaluation before any decision could be made on whether he could represent himself. Dr. Wang appeared to need further explanation. Judge Fasano said it would be best if he consulted with public defenders Bhatt and Scott Jones. They, along with the interpreter and Dr. Wang, went to another room.
When they returned 10 minutes later, Dr. Wang said he understood that his current attorneys wanted a mental evaluation to see if he is competent. Jones told the judge that Dr. Wang opposed their motion for a competency evaluation.
Bhatt said in an interview after the 30-minute court session that in competency proceedings, a defendant must be able to show that he can assist counsel in his defense and that he understands the nature of the proceedings.
Dr Wang’s public defenders may have sought a competency hearing in any case, but the decision was likely accelerated by their client’s decision to represent himself.
Documents from the entire discovery process in the case, including the state police report, have been submitted, attorneys said. No plea has been entered. The issue of a probable cause hearing is now on the back burner as the mental competency issue takes center stage.
Last month, Dr. Wang wanted to talk to the judge about an undisclosed issue,. But the Mandarin interpreter was not present in court, and the judge said Dr. Wang would have to wait. Tuesday morning Dr. Wang’s concerns became clear.
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