If Kinner competency hearing closed to public, stabbing victims should be allowed in, prosecutors say

Attorneys for Timmy Earl Kinner Jr. filed a motion last week, asking that a hearing about Kinner’s fitness to stand trial for murder be closed to the public, court records show. The competency hearing is set for Dec. 13.

Kinner’s attorneys said in their motion that personal information about his mental health will be discussed at the hearing, and it could prejudice a jury and prevent a fair trial.

“The defendant’s rights must be safeguarded at a higher level now that the state has filed a notice of intent to seek the death penalty,” wrote attorney Brian Marx. He said it could impact the jury pool.

Fourth District Court Judge Nancy Baskin ordered a pool of 300 jurors for the January trial, which is expected to take eight weeks. She asked for both the defense and prosecutors to file written arguments on why the competency hearing should be open or closed.

In their motion, prosecutors said there is “good cause” to close the hearing to the public — and left it to Baskin’s discretion. But prosecutors also said that if the judge does decide to close the hearing to the public, some individuals should be allowed to attend, including stabbing victims, victim-witnesses coordinators, a prosecutor’s office investigator and Boise Police’s lead detective.

Baskin is expected to make a ruling at a hearing at 2 p.m. Thursday, Nov. 15.

This is a news update. Below is our last update on Oct. 26.

The public defender team representing Timmy Earl Kinner Jr. have asked a 4th District Court judge to move his trial to a later date for several reasons, including a pending decision on Kinner’s competency to stand trial and prosecutors’ announcement last week that they will seek the death penalty, court records show.

Kinner is charged with first-degree murder in the death of 3-year-old Ruya Kadir and eight counts of aggravated battery in the alleged stabbing of eight others on June 30.

The trial was originally set for Jan. 3. At a hearing Friday, Fourth District Court Judge Nancy Baskin ordered the trial to be rescheduled to begin at 9 a.m. on Jan. 31. It is expected to take eight weeks.

Kinner’s attorneys filed a motion Thursday, asking Baskin to vacate the trial.

“Counsel for the defendant have not had the opportunity to have meaningful discussions about legal strategies and other matters with the defendant due to the pending 18-211 proceedings (mental evaluation),” the motion filed by attorney David Smethers says.

He said notice of the prosecutors’ intention to seek the death penalty came just 77 days before the Jan. 3 trial date. Part of the reason that the death penalty announcement didn’t come sooner was due to the defense’s request that prosecutors review “mitigation evidence” provided by defense prior to their decision, Ada County Prosecutor Jan Bennetts said in the response to Smethers’ motion, court documents show.

In her motion, Bennetts expressed concern about the trial being moved beyond the six-month “speedy trial” date that defendants are entitled to but conceded that it would be in Kinner’s best interest because his attorneys will have extra time to prepare for the case, including reviewing 10,000 pages of case documents.

This is a news update. Here was our last story, from Oct. 16.

It’s been almost four months since a shocking stabbing spree at an apartment complex in northwest Boise left a 3-year-old girl dead and eight others with serious, disfiguring wounds.

A Jan. 3 trial date has been set for Timmy Earl Kinner Jr., the man charged with first-degree murder in the death of Ruya Kadir and eight counts of aggravated battery in the alleged slashing of eight others. The trial is expected to take eight weeks. Prosecutors announced last week that they are going to seek the death penalty.

But Kinner’s attorneys have contended that the 30-year-old homeless man — who has been sending letters to police and prosecutors from the Ada County Jail — is not mentally competent to assist in his own defense and stand trial.

At a hearing Tuesday, 4th District Judge Nancy Baskin said the court has not been supplied with sufficient evidence from a forensic psychologist to commit Kinner to a state hospital for mental health treatment, as his attorneys have recommended. She then said she’s appointing a psychiatrist who will file his or her evaluation of Kinner to the court by Nov. 29.

Baskin will review that report and make a decision on Kinner’s mental fitness and ability to proceed at a Dec. 13 court hearing. Baskin said that hearing may be closed to the public to protect Kinner’s right to privacy when it comes to his medical records.

“The court’s intent is to have all hearings be open to the public, unless there’s an overriding interest that could be harmed if the hearing is open,” Baskin said. She asked for both sides to provide briefings on why the hearing should or should not be open, and she will issue a written ruling before the Dec. 13 hearing.

Part of Tuesday’s hearing was closed to the public — for about 45 minutes — due to Baskin’s concern that private medical matters would be discussed.

On Sept. 5, a forensic psychologist was ordered to complete a mental evaluation of Kinner.

The defendant did not cooperate with his initial efforts, so Baskin asked at a hearing in late September that jail staff take Kinner from his jail cell to meet with the psychologist in a conference room. She also asked that prosecutors and defense counsel come to an agreement on a psychiatrist who can assist in evaluating Kinner; a psychiatrist would also be able to prescribe any needed medications.

The psychologist was able to successfully talk to Kinner at one meeting in October, but he was not able to draw any conclusions about competency after that.

Baskin said at an Oct. 11 hearing that she planned to review three letters that Kinner sent to prosecutors to determine if any should be provided to the psychologist and psychiatrist tasked with evaluating Kinner’s mental competency. Prosecutors and Kinner’s public defenders have not read those letters.

This story was originally published October 23, 2018 at 4:29 PM.