Suspect ordered to undergo evaluation

For 34 years, Carol Jenkins' killer has skirted the criminal justice system. Now, it appears the man charged with her murder may elude his day in court.\nThursday, Morgan County Superior Court 2 Judge Christopher Burnham ordered Kenneth C. Richmond to submit to a psychiatric evaluation, to be performed by two court-appointed psychiatrists. If Richmond is found to be mentally incompetent he will be committed to a mental health ward, where he will remain until he recovers sufficiently enough to understand the charges filed against him, said Morgan County Prosecutor Steve Sonnega.\nRichmond, 70, was arrested on May 8 and charged with stabbing the young black woman with a screwdriver on Sept. 16, 1968, while she was selling encyclopedias door-to-door in Martinsville. The murder went unsolved for 34 years before Shirley McQueen, Richmond's daughter, identified him as the alleged murderer. If convicted he will face a life sentence.\nSteve Litz, Richmond's court-appointed lawyer, said the defendant's mental condition has degenerated precipitously. \n"Lately there have been times when he doesn't know who I am or what day of the week it is," Litz said. \nSonnega agreed, saying, until recently, there was nothing unusual in the way Richmond had comported himself.\n"Up until the last hearing there had been no obvious sign that there were any problems," Sonnega said. "The hearing on Thursday was the first sign. The court has a statutory obligation to investigate."\nThe court-ordered evaluations may lead to a delay in the trial, which is scheduled to begin Oct. 1; seemingly jeopardizing Richmond's right to a speedy trial. Indiana law stipulates that a defendant has the right to a trial within 180 days. However, if there is a delay in the trial it will be attributed to the defense, Sonnega said, meaning Richmond would not be released from jail in the event trial is unduly delayed.\nHowever, it is becoming increasing likely that the case will not make it to court. Beyond his psychiatric problems, Richmond's health is reportedly deteriorating quickly. Litz said Richmond suffers from bladder cancer, hepatitis, seizures and incontinence. To accommodate his medical and mental needs, Richmond, who is currently being held without bond at Morgan County Jail, will be moved to a Department of Correction facility next week.\nAlso Thursday, the defense filed a motion to suppress potentially incriminating medical health records, which the prosecutors hope will illuminate crucial facts about the case. The records were obtained by the prosecutors from two state mental hospitals and Wishard Memorial Hospital in Indianapolis psychiatric facility. The defense has argued that using the records would constitute a breach of patient-physician confidentiality. \n"We obtained what we believed were medical records," Litz said. "In those records were things that could be determined to be mental health records."\n"We followed the proper legal procedure. If the judge says we got more than we should have, we'll go from there."\nBurnham will rule on admissibility of the mental health records in a hearing scheduled for Tuesday at 10 a.m.