Defense Attorney Claims State Report Finding Client Competent ‘Unsatisfactory’

By Racquel Bazos [former] - January 12, 2024
Court | Daily Stories | Homicides | Shooting | Suspects |

On Jan. 10, Baltimore City Circuit Court Judge Gale E. Rasin found a 27-year-old homicide defendant competent to stand trial despite his defense attorney’s numerous issues with the competency report. 

Bryant Whitaker is charged with first- and second-degree murder, firearm use in a felony violent crime and illegal possession of a regulated firearm in connection to the death of 24-year-old Markell Wall on July 21, 2018. 

At Whitaker’s six-month status conference Wednesday, Judge Rasin had questions for the doctor who completed his most recent competency evaluation. The doctor who wrote the report could not appear in court, but Whitaker’s treating psychiatrist did. 

The psychiatrist detailed Whitaker’s history at the psychiatric treatment facility. Upon admission on Dec. 20, 2023, he had to be physically restrained due to his agitation. He was also restrained on three other occasions: when he spat on someone, assaulted a doctor and charged at another patient. 

The psychiatrist prescribed as-needed medication for agitation and insomnia when Whitaker was first admitted, but he frequently asked for high doses of other medications that he was not prescribed. 

The psychiatrist attributed Whitaker’s outbursts to his antisocial personality disorder, which she diagnosed on the basis of, among other things, a history of fire setting, animal cruelty and juvenile arrests. 

Whitaker’s attorney Matthew Connell asked the psychiatrist if she could rule out intellectual disability as contributing to Whitaker’s behavior. She could not because she lacked any IQ testing records. Whitaker would need an IQ below 70 to qualify as intellectually disabled.

In an address to the court, Connell raised concerns that the competency report at issue was completed over the course of a 10 minute interview. He called the report “unsatisfactory,” and said that it did not present any evidence that Whitaker could understand the nature of the proceedings against him or aid in his own defense, thus not proving competency. 

He went on to say that it was “obvious” to him that Whitaker suffers from an intellectual disability and was surprised it wasn’t obvious to neither the psychiatrist in court nor the doctor who completed the report. Connell also noted that Judge Rasin had found Whitaker incompetent three times prior. 

Judge Rasin explained that while she was also disturbed by the length of the interview, it was more likely that Whitaker refused a longer interview than malpractice on the doctor’s part. She added that even if Whitaker was found to have an intellectual disability, that would not automatically make him incompetent to stand trial. Finally, she said that she was only considering the most recent competency report to make her decision and not previous competency reports or her own previous rulings.

Judge Rasin ruled that Whitaker is now competent to stand trial. His next hearing is scheduled for July 10.