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Prosecution and defense have both submitted to findings regarding the competency of murder suspect Garrett Leyva, but counsel has asked for more time before a preliminary hearing can be made.
According to Executive Attorney Phil Esbenshade, itâs common for attorneys to express doubt in their clientâs competence, which leads to a temporary suspension of criminal proceedings until competency can be established. Per standard procedure, a test was conducted for Leyva.
In Kings County Superior Court, Leyvaâs attorney, Jamil Nushwat, said he submits to the findings by Brandi Mathews, a court-appointed forensic psychologist in Atascadero, which assert that Leyva is mentally fit for a trial.
Garrett Leyva, suspected of killing two Hanford siblings, has been found competent to stand trial. On Wednesday, however, his competency hearing was pushed to next week as a result of an agreement between the prosecution and the defendantâs legal counsel.
Visiting Judge James Hollman moved the hearing to Tuesday, July 6 because Leyvaâs attorney Jamil Nushwat was unable to be at the hearing. Nushwat agreed to the rescheduling via a Zoom call he took in his car.
âWhat happens is generally, an attorney expresses a doubt as to their clientâs competence, thatâs what happened here and generally, itâs the defense attorney, said Kings County Executive Assistant District Attorney Phil Esbenshade. So the court will suspend criminal proceedings â thatâs where we are now â proceedings are suspended. And so a preliminary hearing will not take place until theyâre reinstated.â