In a "forensic evaluation" requested by Richard Holicker, Nickey Smith's attorney in circuit court, Dr. Timothy Saar said Smith has a "Delusional Disorder" and is not competent to stand trial.
"He is in need of a competency restoration, in-patient program. With proper medication and if he responds in a positive manner, it is likely that Mr. Smith will become competent within six months," Saar wrote in the report, according to court documents.
In another report, though, Dr. David Clayman found that Smith "has the capacity to rationally assist his attorney, if he so chooses."
Clayman found that Smith suffers from "Personality Disorder" with "paranoid, narcissistic and antisocial features." He also said Smith "was cooperative and revealed an understanding of the adjudicatory process. He was able to explain the differences in his status in federal and state courts. He knew the possible sentences," according to federal court documents.
Lex Coleman, Smith's federal court attorney, told U.S. District Judge John Copenhaver that, despite the psychological evaluations, "he was satisfied with the defendant's mental competency to understand the proceedings against him and assist his attorney in his defense at the time of the entry of his guilty plea."
On May 17, Holicker filed a motion asking Webster to adopt Clayman's finding that Smith was competent to stand trial.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.