Family Questions Competent Defendant’s Right to NCR Plea Evaluation in 2020 Fatal Stabbing Case

By Ashleigh Joplin [former] , Andrew Michaels - December 8, 2022
Court | Daily Stories | Homicides | Suspects | Victims |

The mental health court hearing for homicide defendant Timothy Callanan grew heated on Dec. 7 when family members of victim Mason Moldoven questioned the defendant’s right to proceed with a plea of not criminally responsible for the woman’s death in August 2020.

The 29-year-old defendant is accused of fatally stabbing Moldoven, 28, and leaving her body in a plastic container on the 1100 block of Gorsuch Avenue on Aug. 29, 2020. He was arrested about two weeks later following a high-speed chase in Georgia.

During Wednesday’s proceedings, defense attorney Sharon Bogins Eberhart informed Baltimore City Circuit Court Judge Gale Rasin that her client, who was found competent to stand trial, wished to take a plea of not criminally responsible for the crime and requested an evaluation.

While the judge and counsel discussed whether the evaluation could be conducted inpatient or outpatient, a family member of the victim interrupted.

“My blood is boiling right now,” a family member said.

“He killed my daughter!” another claimed.

Judge Rasin explained to the family that a defendant can be deemed competent to stand trial but still proceed with a plea of not criminally responsible. Competency is the mental status of the defendant at this point in time, she explained, and whether the defendant has a rational understanding of the proceedings.

Under Maryland law, the defendant has the right to file that at the time of the offense, he lacked the ability to comply with the law or that he did not understand. An evaluation can determine whether Callanan was not criminally responsible via an interview process and review of the police report.

“I can not say anything that can touch your grief and outrage,” the judge told the family, “but I can only answer your questions.”

The prosecutor concluded that Callanan would no longer be committed as incompetent and would complete an evaluation before returning to jail.

A family member later apologized to the court for their outburst.

“We constantly have to keep altering our life for these monsters, and it’s not fair,” the family member said.

Judge Rasin reset the case for 60 days to review the results of Callanan’s evaluation.