Jul 23, 2008

Decision on suspect's competency delayed

Judge pushes ruling until Aug. 11

By Kristina Peterson / Daily News Staff Writer

A Santa Clara County Superior Court judge Tuesday postponed ruling whether Palo Alto homicide suspect James Dalton is mentally fit to stand trial.

Judge Thang Nguyen Barrett set Aug. 11 as the date when he will rule whether Dalton should face a jury trial or be sent to a state mental institution.

Deputy District Attorney James Gibbons Shapiro said it was Barrett's decision to delay the ruling.

"We're all glad he is taking the time and attention this matter deserves," he said.

Dalton, 53, was arrested last July on suspicion of fatally stabbing his brother John with a kitchen knife in the driveway of their Palo Alto home. A documented paranoid schizophrenic, Dalton was previously found mentally incompetent to stand trial in county court in 1999 when facing charges of sexual battery.

In June, Dalton waived his right to a jury trial over his mental competency, allowing Barrett to make the decision.
Unlike a jury that concentrates only on a single case, Barrett has had "a full calendar," Gibbons Shapiro said.
"He just needs more time," agreed defense attorney Andrea Ambrosio.



E-mail Kristina Peterson at kpeterson@dailynewsgroup.com.