IN THE DISTRICT IN AND FORTULSACOUNTY

STATE OF OKLAHOMA

THE STATE OF OKLAHOMA, )

)

Plaintiff,)

)

vs.)Case No. CF-1999-3282 ) JUDGE Deirde Dexter

TAMMY LAY)

Defendant.)

APPLICATION FOR DETERMINATION OF COMPETENCY

COMES NOW Kevin D. Adams, attorney for the defendant Tammy Lay, and in accordance with Title 22 O.S. § 1175.3 moves this Court to appoint a qualified forensic examiner to examine the defendant to determine whether the defendant is competent to undergo further criminal proceedings. In support of the motion the Kevin Adams attorney for the defendant shows the court the following;

  1. The defendant is charged with Delivery of a Controlled Drug in violation of Title 63 O.S. § 2-401 (B2).
  2. On November 4, 2002 Kevin Adams was appointed to represent the Defendant in the above-entitled action.
  3. Currently Ms. Lay is scheduled to stand trial for the above referenced charge on the March 3, 2003.
  4. On February 17, 2003 Counsel for Ms. Lay visited at the DavidL.MossCorrectionalCenter to discuss the above referenced matter with Ms. Lay. During the conversation with Ms. Lay Kevin Adams attorney for Ms. Lay developed a belief that Ms. Lay is incompetent to undergo current criminal proceedings at this time. Counsel for the Defendant believes that Ms. Lay is incompetent to undergo further proceedings for the following reasons;
  1. Ms. Lay was unable to rationally assist defense counsel in a preparation of a defense for the current charges.
  2. In discussing the present case with Ms. Lay she seems confused regarding her legal rights. For instance Ms. Lay insists that she was unaware of the her rights regarding a preliminary hearing and was unaware that she had waived her right to a preliminary hearing
  3. Ms. Lay expresses paranoid and irrational beliefs regarding the motives of her first attorney in this case.
  4. Ms. Lay expresses paranoid and irrational beliefs in a conspiracy concerning “law enforcement reports” in her case and fellow inmates who have similar reports.
  5. Ms. Lay expresses paranoid and irrational beliefs concerning unknown law enforcement officials who may be conspiring against her in the present case.
  6. Ms. Lay has difficulty understanding simple legal concepts despite having those concepts repeatedly explained to her.
  7. Ms. Lay often speaks in a rapid manner that is difficult to discern.
  1. Because of the above listed behavior Counsel for Ms. Lay believes that Ms. Lay is incompetent to undergo further proceedings in the present case.
  2. Ms. Lay denies any history of mental illness and becomes agitated when questioned regarding the subject.

For the foregoing reasons Counsel for the Defendant moves this Court to appoint a qualified forensic examiner to examine the defendant to determine whether the defendant is competent to undergo further criminal proceedings.

Respectfully Submitted,

______

Kevin D. Adams, OBA# 18914

1717 S. Cheyenne

Tulsa, OK74119 (918) 587-8100

CERTIFICATE OF HAND DELIVERY

I hear by certify that a copy of the foregoing instrument was hand delivered on February 26, 2003 to the office of the following:

Joe Pickered

Assistant District Attorney

TulsaCounty Courthouse

500 S. Denver

Tulsa, OK74103

Tammy Lay

David L. Moss

300 N. Denver

Tulsa, OK74103

______

Kevin D. Adams