Suspect’s refusal to cooperate with doctors stalls trial
The brother of a slain Costa Mesa man said Monday that he’s frustrated with the suspected killer repeatedly delaying any possibility of a trial by refusing to speak with two court-appointed psychologists trying to determine if the accused murderer is mentally competent enough to face criminal charges.
In September 2013, James Kubat’s brother John, 54, was bludgeoned to death in the driveway of a home he was renovating. Days after the killing, Costa Mesa police arrested Christopher Ernest Leovy, a 34-year-old homeless man, on suspicion of murder.
But in November that year, progress toward a trial stalled when Leovy’s lawyer said he doubted whether his client was mentally stable enough to help defend himself.
For more than a year, Leovy has repeatedly refused to speak with doctors assigned to evaluate him behind bars.
His lawyer, Joel Tamraz, previously said Leovy is schizophrenic and paranoid to the point where he thinks someone is trying to kill him.
James Kubat sat in on a hearing for Leovy on Monday, trying to push the process forward.
“I’m here just to get it over with, to get it going,” he said.
Nonetheless, an Orange County Superior Court commissioner ordered the psychologists to try speaking with Leovy again.
James Kubat said he’s baffled by the idea that Leovy seems to have gained control over the criminal justice process by refusing to cooperate.
“To be honest, I’m lost,” he said. “It’s so overwhelming.”
If the court determines that Leovy isn’t mentally fit, he could be held in a psychiatric facility indefinitely or until he’s deemed mentally competent enough to stand trial.
Leovy faces a maximum of 25 years to life in prison if convicted, prosecutors said Monday. He’s charged with murder and assaulting a police officer.
Police said Leovy was squatting at the house where John Kubat was killed, explaining that the suspect had become homeless after leaving a sober-living program in Costa Mesa.
On Monday, Commissioner Edward Hall admonished Leovy to speak with the court-appointed doctors.
“The more you help your lawyer, the more you can potentially help yourself in regards to this case,” Hall said.
Leovy responded only with, “OK.”
Hall also told Leovy he needs to take care of himself, including washing and eating.
Tamraz said Leovy smelled quite bad Monday after neglecting his hygiene.
Nevertheless, Tamraz said he believes the case will move forward soon, adding that he thinks his client’s extended time behind bars and away from any distractions may help him focus.
“I think that he’s going to cooperate,” he said.
