A second evaluation of the mental capacity of the accidental homicide suspect has been ordered


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The suspect in the apparent random killing of a woman on a Calgary street may be too mentally ill to face a non-criminal hearing.

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Lawyers for Michael Adenyi appeared in provincial court on Tuesday and asked that he be sent for a 30-day evaluation to determine if he is fit to stand trial.

Defense attorneys Shamsher Kothari and Curtis Mennie based their request on a letter written by psychiatrist Dr. David Tano referred to the court raising questions about Adenyi’s fitness.

Tano had previously revealed that Adenyi is competent to stand trial, meaning he understands the legal process and can instruct a lawyer, but raised questions about the potential defense of not criminally responsible due to mental disorder based on schizophrenia and auditory hallucinations.

His latest assessment suggests that Adeniyi’s mental health may have deteriorated to the point where he is no longer fit to face criminal proceedings.

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“He had issues with his fitness,” Mennie told Provincial Court Judge Brandy Shaw in seeking a new assessment of their client’s ability to understand his legal jeopardy.

If found ineligible, Adenyi, 26, who appeared in court via telephone from the Southern Alberta Forensic Psychiatry Center where he is currently being held, will remain in custody at a secure medical facility.

According to the Criminal Code, an individual’s capacity must be reviewed at least every two years and if the person is subsequently found to be competent, their prosecution will continue.

While capacity involves the defendant’s current mental state, the issue of unresponsibility due to mental disorder focuses on the person’s state of mind at the time the alleged wrongful act occurred.

Adenyi has been charged with first-degree murder in what police say was an accident killing of Vanessa Ladouceur, who was attacked around 6:40 a.m. March 18 in the 100 block of 10th Avenue SE.

Ladouceur, 30, who police say was fatally stabbed, was found unconscious. She died a short time later from her injuries.

Adeniyi’s case returns to court on August 4.

KMartin@postmedia.com

On Twitter: @KMartinCourts





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