By Laura Maggi
The New Orleans Times-Picayune
NEW ORLEANS — The man accused of killing New Orleans police officer Nicola Cotton cannot competently assist in his own defense and must be sent to a state mental hospital for treatment, a Criminal District Court judge ordered Tuesday.
Bernel Johnson, 44, will be sent to the state forensic mental hospital in Jackson where doctors will evaluate him and attempt to improve his psychiatric condition enough for him to stand trial in the death of Cotton, 24, who was shot with her own gun in late January after a struggle in a Central City parking lot.
Judge Julian Parker ordered that Johnson be immediately transferred to the hospital after the testimony of three specialists, who all concluded that Johnson suffers from a psychiatric disorder that currently impairs his ability to stand trial.
But given the long list of pretrial inmates across Louisiana awaiting placement at the Feliciana Forensic Facility, Johnson likely won’t be transferred for at least 30 to 60 days, said Lauren Mendes, a spokeswoman for the state Department of Health and Hospitals. Typical patients wait four to six months, but Johnson should get care sooner because of his history of severe mental illness and his high-profile case, she said.
“Regardless if he is incompetent or not, this individual should never ever walk the streets of New Orleans again, not as a free person,” New Orleans Police Superintendent Warren Riley said in an interview with WWL television. “He killed a police officer. He did it once, whether he is considered sane or not, it could happen again.”
The New Orleans Police Department did not respond to a request for comment by The Times-Picayune.
After Johnson was arrested on a charge of first-degree murder, several family members described him as a promising student and artist who graduated from St. Augustine High School. But he was diagnosed with paranoid schizophrenia when he was 19 and has spent most of his life in and out of mental health institutions, they said.
Charles Vosburg, a forensic psychologist, and Dr. Michelle Garriga, a forensic psychiatrist, said they tried to interview Johnson on Tuesday morning to determine his competency, but found him largely unwilling to answer questions. Johnson previously has been diagnosed as having either schizoaffective disorder or paranoid schizophrenia, said Garriga, who has had some access to Johnson’s medical records.
Dr. Sarah DeLand, a forensic psychiatrist hired by the defense team, testified that she believed Johnson suffers from either schizoaffective disorder, a bipolar condition or paranoid schizophrenia.
When she first interviewed Johnson, DeLand said he spoke nonstop, exhibiting manic tendencies. But when she talked to him in March, DeLand said she encountered the same difficulties as Vosburg and Garriga.
Prosecutor Mary Glass repeatedly questioned the experts about whether Johnson is possibly malingering, or faking the extent of his illness to avoid trial.
Vosburg acknowledged that some of Johnson’s refusal to answer questions is a conscious choice, but said part of his stubbornness also seemed tied to his mental illness. The only way to determine the extent of Johnson’s illness and restore his ability to assist with his defense is to put him in a hospital setting where medical professionals can evaluate him over time, Vosburg said.
“He does have a treatable illness. I assume he can get much better than he is now,” DeLand testified.
Copyright 2008 The New Orleans Times-Picayune