The judge in the case of a 32-year-old man charged with fatally stabbing his ex-girlfriend told defense lawyers Tuesday to get an expert lined up now to review their client's competency or he will put an end to the ongoing delays.
The case against Gregoria Luna Luna has been on hold since mid-March, when his lawyers raised concerns about his mental health.
Luna Luna was evaluated by psychiatrists at Eastern State Hospital in Medical Lake, who concluded last month that he may be dangerous and might suffer from an adjustment disorder but was legally sane at the time of the May 2010 crime.
He is charged in Franklin County Superior Court with first-degree murder. There is no trial date set while the case is on hold.
Griselda Ocampo Meza was killed inside her Pasco apartment, about four months after her longtime relationship with Luna Luna ended and less than a month after his deportation to Mexico.
Ocampo Meza, 21, died from a single stab wound to her chest. The couple had a 5-year-old son together.
Attorneys Shelley Ajax and Karla Kane decided to get a second opinion on Luna Luna's mental status, but told Judge Robert Swisher on Tuesday said that the expert witness they hoped would do the evaluation had to leave the country on a family emergency. That woman won't be available until October, so Ajax said she is trying to get another reference but may have to wait.
Ajax told the court that the defense worked on the case all weekend and that Kane talked with Luna Luna about it.
"He understands all the work we're doing. He's satisfied with what we're doing at this point in time," Ajax said. "He has no problem with us waiting until October for the expert."
However, special prosecutor Anita Petra said the news was frustrating because the defense had been ordered by Swisher "some time ago to line up an expert."
Ajax argued that "the state has no understanding" of what they have been doing or dealing with as they try to prepare the case.
Swisher said the defense is "entitled time to review (the findings), but it can't be stayed indefinitely waiting for the right expert."
He added that the court does have the authority "to put an end to it" by making a finding of competency and setting dates, including a trial. A status hearing is Aug. 23, when Swisher said the lawyers should have an expert lined up or be ready to proceed.
