Posted on: Tuesday, August 5, 2003

Mother to undergo mental exam

By David Waite
Advertiser Courts Writer

A Family Court judge has ordered that a 45-year-old Palolo Valley woman accused of trying to drown her 9-year-old son be moved from the women's prison in Kailua to the Hawai'i State Hospital so a team of mental health experts can evaluate her.

Judge Richard A. Marshall also ordered that legal proceedings against Marlene Mexia be suspended for 90 days to allow a panel of doctors to determine if Mexia is able to assist in her own defense.

The doctors will also determine whether Mexia was aware when she allegedly tried to drown her son that doing so was wrong and whether she had the mental ability to keep herself from allegedly hurting the boy.

Marshall ordered the evaluation of Mexia at the request of her lawyer, Victor Bakke, who told the judge during the hearing that Mexia's family has reported that she has a history of mental illness.

Bakke said Mexia has never been in trouble before and was "extremely nervous" about being held at the women's prison.

Mexia stood at the defense table in a green prison outfit throughout the brief hearing. She appeared attentive and nodded occasionally at statements made by the judge. She was not asked any questions and did not make any statements.

The judge turned down a request by city Deputy Prosecutor Dan Oyasato that Mexia be held at the women's prison instead of the state hospital in Kane'ohe while being evaluated. Oyasato's request for a "no-contact" order that would prevent Mexia from returning to the family home with her son, should she be able to post $50,000 bail, was also denied.

Oyasato said state Child Protective Services officials notified him Friday that they were initiating steps to place the boy into protective custody in order to prevent him from being released from Kapi'olani Medical Center for Women & Children to his father.

But Bakke said the boy's father, who attended yesterday's hearing, told him the boy "is fine" and ready to be released from the hospital. Bakke said the no-contact order was not necessary because Mexia's family does not intend to post the $50,000 bail.

Police and paramedics responded to a 911 call last Tuesday morning from a woman who told emergency operators that she had just drowned her son in a bathtub. Paramedics who responded to the call treated the boy and transported him to Kap'iolani.

Honolulu Officer Michael Thomas said in a court statement filed earlier in the case that he found Mexia sitting at the backdoor of her Palolo apartment. Thomas said she sounded calm when she told him: "I just killed my son."

The judge ordered that Mexia's mental health evaluation be completed by Oct. 22 and scheduled a court hearing on the report for Oct. 30.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.