Nichols Hills doctor apologizes in his son’s death

BY NOLAN CLAY Published: December 19, 2009
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lf has a history of mental illness that dates back to his first year in medical school, records show.

Wolf’s defense attorney, Mack Martin, asked for the evaluation. Martin told the judge in a written application that he has not been able to communicate with Wolf in a rational manner on many occasions since Wolf’s arrest.

If found incompetent, man would be treated
Prosecutors did not oppose the request for an examination.

Even if Wolf is found to be competent, he can still raise the insanity defense. The test for insanity is whether a defendant knew right from wrong at the moment of the crime.

At issue in a competency exam is whether a defendant appreciates the nature of the criminal charge against him and whether he is able to consult with his lawyer and rationally assist in preparing a defense.

A judge likely would send Wolf to the state mental hospital in Vinita for treatment if he is found to be incompetent. Most defendants eventually obtain competency. Some never do.

"An application for a determination of competency is a fairly common thing,” prosecutor Suzanne Lister said.


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