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The Honolulu Advertiser
Updated at 9:46 p.m., Tuesday, September 9, 2008

Expert: Higa unfit to stand trial

Advertiser Staff

Hawaii news photo - The Honolulu Advertiser

Accused child killer Matthew Higa, shown here in a file photo from a court hearing earlier this year, is unfit to stand trial, a mental health expert has told the court. Two other experts, however, said he is able to assist his criminal defense.

Advertiser file photo

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A mental-health expert has found accused child killer Matthew Higa mentally unfit to stand trial, differing from two colleagues who previously said he is able to understand and assist in a criminal trial.

Higa is charged with murdering toddler Cyrus Belt by throwing the 23-month-old off a freeway overpass Jan. 17.

"I don't think he is fit to proceed," said psychologist Dennis Donovan in a written report to the court. "I think he is mildly psychotic as a residual of his crystal methamphetamine use."

Donovan's report was filed with Circuit Judge Dexter Del Rosario, who will conduct a fitness hearing tomorrow afternoon in Higa's case.

Because two other experts found the defendant mentally fit for trial, prosecutors are in a strong position to argue that the case against Higa should proceed. The experts said he can stand trial, although they described the defendant as damaged by drug abuse.

Deputy Prosecuting Attorney Rom Trader, who is handling the Higa case, and defense attorney Randy Oyama were not immediately available for comment on Donovan's report.

The three-member panel of experts was asked only to determine Higa's fitness to stand trial, not his mental condition at the time of the crime.