UPDATE 6 p.m. :
Two mental health experts gave conflicting opinions Tuesday about whether Linda Kapsa is competent to stand trial on charges of aggravated animal cruelty.
Judge Susan Watters also heard testimony from several people involved in both seizures of dogs at Kapsa's Shady Lane Kennels, providing a glimpse of what jurors might hear if the criminal case goes to trial as scheduled on July 13.
The testimony came during defense motions to dismiss the charges against Kapsa, who prosecutors allege neglected hundred of dogs and other animals on her 10-acre property near Ballantine.
At the close of the daylong hearing, Watters said she would take the defense motions under advisement, including a motion to declare Kapsa incompetent to stand trial.
The pretrial hearing Tuesday began with lengthy and conflicting testimony from the two mental health experts who evaluated Kapsa.
Dr. Michael Butz, a Billings forensic psychologist for the defense, said his evaluation of Kapsa found the 60-year-old woman suffers from severe depression with symptoms of paranoia and delusions. Butz told Watters that he does not believe Kapsa is competent for trial, but she could be treated with medications and rehabilitated.
Kapsa believes she has some "special mystical powers," Butz said, and that there is a conspiracy among county offi-cials and her ex-husband to take her animals, Butz said. Kapsa stated that it was no one's business how she treated the animals on her property.
Kapsa feels she has a "special trust" with her animals, Butz said, and the dogs she breeds are "farm dogs, not pris-tine, prissy poodles."
Kapsa understands her property and home are a "mess," Butz said, but explained that "sometimes you get so de-pressed I'm working on it."
Authorities who twice raided Kapsa's property in December described the floor of her trailer home as covered in dog feces, with several dog carcasses inside her living area. The dogs in her care were severely neglected, prosecutors allege. Kapsa has been charged with two felony counts of aggravated animal cruelty and four related misdemeanors.
The county seized more than 200 dogs from Kapsa on Dec.30. Most of the dogs remain at the MetraPark fairgrounds where the cost of caring for them has exceeded $100,000.
Dr. William Stratford, a Missoula forensic psychiatrist for the prosecution, said Kapsa may suffer some symptoms of depression and personality disorders, but she is not mentally ill and she is competent to stand trial.
Kapsa is "perfectly reasonable, perfectly rationale," Stratford said.
"I think she's extremely competent," Stratford testified. "I don't think this is even a close call."
Kapsa was cooperative during a two-day evaluation process, Stratford told the judge, and understands the charges against her and the possible punishment. Kapsa also understands the judicial process and the role of each person plays in the criminal justice system.
Kapsa trusts her civil attorney, Liz Honaker, but does not have the same level of trust for her public defender, Moira D'Alton, Stratford said. But she also acknowledged that her own lack of cooperation with D'Alton and the public de-fender's office has slowed their efforts to build her defense.
Several other witnesses testified, including John Fleming, an animal control officer for Yellowstone County who investigated complaints from Kapsa's neighbors. Fleming admitted that 13 dog carcasses found on Kapsa's property, including six puppies in a bag, decomposed before they could be tested when a storage freezer broke.
In court records, defense attorneys said the loss of evidence was done purposefully and should result in a dismissal of the charges against Kapsa.
The judge denied a new defense motion filed Tuesday afternoon seeking a change of venue.
Watters said it was her preference to try to seat a jury before considering whether it is necessary to hold the trial in another county. The judge suggested that 200 jurors be called for selection process, with half the pool coming in the first day and the second half on the second day if a jury had not been selected. Most jury pools consist of about 60 people.
UPDATE 1 p.m. :
Two mental health experts gave conflicting opinions this morning in District Court about whether Linda Kapsa is competent to stand trial on charges of animal cruelty.
Dr. Michael Butz, a Billings forensic psychologist for the defense, said his evaluation of Kapsa found the 60-year-old Ballantine dog breeder suffers from severe depression with symptoms of paranoia and delusions. Butz told Judge Susan Watters that he does not believe Kapsa is competent for trial, but she could be treated with medications and rehabilitated.
Kapsa also believes she has some "special mystical powers," Butz said, although he could not describe what those might be.
Dr. William Stratford, a Missoula forensic psychiatrist for the prosecution, said Kapsa may suffer some symptoms of depression and personality disorders, but the woman is not mentally ill and is competent to stand trial.
Kapsa is "perfectly reasonable, perfectly rationale," Stratford said.
"I think she's extremely competent," Stratford testified. "I don't think this is even a close call."
The hearing is expected to continue through the afternoon.
A competency hearing for dog breeder Linda Kapsa scheduled for 9 a.m. today will not be closed to the public.
In an order issued Monday morning, District Judge Susan Watters said that Kapsa had failed to show that an open courtroom would "create clear and present danger to the fairness of the trial and that the prejudicial effect of the dissemination cannot be avoided by an reasonable alternative means."
On Thursday, Kapsa's attorneys from the Office of Public Defender filed a motion seeking to close the proceeding, arguing that sensitive and confidential testimony concerning her mental health will be presented.
They maintained that information about her mental health is protected by the Health Insurance Portability and Accountability Act of 1996.
Watters ruled that HIPAA did not apply to the court proceeding and denied Kapsa's motion.
The Billings Gazette filed a motion Monday morning opposing closure, but Watters ruled before The Gazette's motion was filed.
The defendant is charged with aggravated animal cruelty. Charges were filed after Yellowstone Country sheriff's deputies raided her property near Ballantine on Dec. 30 and seized more than 200 English shepherds.
The county contends that dogs at her Shady Lane dog breeding business were not being cared for properly. Volunteers have been working with the dogs since their seizure, and the county's cost in caring for the animals exceeds $100,000 and is accumulating.
Posted in Local on Tuesday, June 30, 2009 12:00 am Updated: 9:20 am.
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