A Palm Desert woman with a long history of mental illness is being retried on charges of assault and arson. Her defense attorney argues that she should be declared mentally incompetent to stand trial, while the prosecutor contends that she understands the proceedings and is capable of standing trial.
Erin Leah Richey, 44, is facing a retrial for one count of assault on a person causing great bodily injury and arson on an inhabited structure. She was previously convicted of these charges, as well as attempted murder, assault with a deadly weapon, and other related charges.
In the first trial, a jury found Richey mentally competent for most of the charges, but were split on her psychological condition for the assault and arson charges. The judge declared a mistrial for those two charges and they are now being retried.
During opening statements of the retrial, Richey’s defense attorney highlighted her history of mental illness, including hallucinations and multiple hospitalizations. He argued that her inconsistent medication administration and the effects it has on her unpredictability contribute to her mental illness.
The defense attorney urged the jurors to consider Richey’s mental incompetence, focusing on her history of hallucinations, hospitalization, delusions, and unorganized thinking. He emphasized that they should evaluate what she is currently capable of, rather than her past actions.
The prosecutor acknowledged Richey’s mental illness but argued that she is still able to cooperate with her attorney and understand the proceedings. The prosecutor claimed that Richey exhibits goal-oriented behavior, manipulating the situation to her advantage by not taking her medication and not cooperating with her doctors.
The first trial lasted less than a week, following a two-week criminal trial for the attacks. Richey is accused of striking her sister with a mallet and attempting to slash her with a knife. She then tried to run over her mother with a stolen vehicle. Richey was arrested later that day.
In addition to the assault and arson charges, Richey also faced animal abuse charges for setting her cat on fire and harming her mother’s dog. She remains held without bail.
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