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Defense: Kirkpatrick 'not competent' to stand trial

Thursday, September 8, 2011

McCOOK, Nebraska -- The Bartley man accused of killing a McCook girl in January is not competent to stand trial now, according to a psychological examination submitted by defense attorneys.

However, the defendant, Stathis Sebastian Mobley Kirkpatrick, 19, could be made competent by following a treatment plan, according to prosecutors.

Kirkpatrick is charged with first degree murder in connection with the death of Kailee Nichole Clapp, 14. Defense attorney Derek Mitchell, told Red Willow County District Court Judge David Urbom that it was the opinion of the doctor who completed the report that Kirkpatrick was not competent to stand trial at this time.

Prosecutors had no objection to entering the report into evidence this morning during a motions hearing, but Corey O'Brien of the Nebraska Attorney General's office pointed out that the report does indicate that a prescribed treatment plan would make Kirkpatrick competent in the near future.

O'Brien added that the prosecution had just received the report earlier this morning and asked for 10 days to examine it.

O'Brien said that if during that time the Lincoln Regional Center agreed with the findings in the report, the prosecution would likely ask that the court order Kirkpatrick participate in the recommended prescription, so that the case could continue. He also said that their findings could result in a request for an independent examination or a full-blown competency hearing.

Urbom granted the 10-day continuance request and scheduled a status hearing via conference call at 1 p.m. Sept. 19.

The body of Kailee Nichole Clapp was found at the Bartley Cemetery the evening of January 21, 2011. Kirkpatrick was subsequently charged with first degree murder, a Class IA felony; use of a knife or deadly weapon to commit a felony, a Class II felony; tampering with physical evidence, a Class IV felony; and unlawful burial, also a Class IV felony.

He faces life in prison on the murder charge and a combined 60 years on the other three charges.

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