Menu
Mental competency issue causes delay in Freeze murder trial
The first degree murder trial for Kohlby Freeze was scheduled to take place this week but has once again been delayed because of the issue surrounding his mental competency to stand trial.
Back in June, the court set aside Sept. 11-15 for the trial of 19-year-old Freeze, who is accused of the March 13, 2004, shooting death of Karl "Rex" Schenker. But within a week, defense lawyer Edward Battitori filed a motion to determine Freeze's competency.
The Baxter Springs lawyer called for the evaluation based on a conversation with psychiatrist Becky Kratz and determined that his client's competency is "once again in question or non-existent," according to the motion filed June 14.
Freeze's mental state has come into question several times since he was first charged in March 2004 after Schenker, 55, was shot at close range with a large caliber rifle in the Fort Scott home where Freeze lived with his mother. Freeze was 16 years old at the time of the incident.
A relative of Schenker's contacted The Fort Scott Tribune last month, saying the family wanted to issue a statement about the pending case. But following advice from a lawyer, the relative decided not to submit the statement.
In response to Battitori's motion, Bourbon County District Court Judge Gerald W. Hart on June 15 ordered Freeze to be evaluated at Larned State Security Hospital once again for no more than 60 days. He has since been transported back to Southeast Kansas Regional Correctional Center.
The court set a competency hearing at 1:15 p.m. Nov. 16, where the results of the evaluation and testimony from doctors will be disclosed.
Freeze has undergone numerous mental competency evaluations, on the request of defense attorneys, since he was first charged with Schenker's murder. Under Kansas law, there is no limit to the number of times legal counsel can call for competency evaluation, which is conducted to determine whether a defendant is mentally capable to help in the defense and if he or she is able to understand the nature and purposes of the proceedings.
A judge determined Freeze to be competent to stand trial at a hearing in August 2005. Testimony by mental health experts during the hearing indicated that Freeze's mental state included occasional depression, anxiety, obsessiveness, agitation, hearing voices, memory problems, disorganized thinking and inability to maintain rational thought, possibly because of his living conditions at SEKRCC, outside influences and other factors, according to a Tribune article on Aug. 24, 2005.
Freeze gets evaluated at Larned, where his condition improves, then he comes back to SEKRCC and his mental state deteriorates, officials have said.
Southeast Kansas Mental Health Center official Bryan Cook wrote a letter to Hart that detailed his experience with Freeze during a screening evaluation on June 14. In that letter, he said the screening procedure had been concluded and Freeze was interviewed briefly at SEKRCC. Cook said upon his arrival, Freeze began banging on the wall of his cell and told jail staff to 'get me out of here. I've been in this cell for four years now.' Cook wrote that Freeze became uncooperative and refused to talk. After Cook left the center, he said, Freeze allegedly told jail staff that 'the devil is trying to trick me.' Cook also noted his own observation of possible improper toilet activity and a report by jail officials of a similar incident in June.
Cook found that the behavior indicated Freeze might be experiencing psychotic symptoms and recommended that he be admitted to Larned for a full competency evaluation, according to the letter.
Freeze has been charged with two felony counts of battery against a law enforcement officer after an altercation with a SEKRCC correctional officer on March 28 and another time on April 2.
The murder trial was postponed once before in June after Hart accepted another motion to continue based on new and material evidence provided to the defense that warranted further investigation, according to court documents.