honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Friday, March 13, 2009

Mental exam requested for teen murder suspect

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Vernon Bartley

spacer spacer

The attorney for teenager Vernon Bartley, accused of raping and murdering his 'Ewa Beach neighbor Karen Ertell in 2007, has asked for a mental examination of his client.

Jeffrey Hawk said in a motion filed recently that he "believes there are concerns with (Bartley's) mental state at present time."

Bartley was 15 years old at the time of the murder and under the jurisdiction of state Family Court. It took about 13 months for the court to waive jurisdiction over the defendant and allow him to be tried as an adult.

That prompted introduction of a bill at the Legislature, called "Karen's Law," which would require a mandatory waiver to adult court of juveniles from ages 15 to 17 who are charged with first- or second-degree murder.

The measure was passed by the state House of Representatives Tuesday and moved to the Senate yesterday for further consideration.

Hawk's motion said when Bartley was first arrested by police, "he complained of hallucinations and had trouble sleeping."

The defense lawyer also said Dr. Sheila Wendler diagnosed Bartley as "suffering from a major depressive disorder at the time of the alleged incident."

Hawk asked the court to appoint a three-member panel of mental health experts to examine Bartley and determine his current fitness to stand trial as well as his penal responsibility for the charges he is facing.

Bartley's trial was scheduled to begin this month but has been delayed until after a hearing on his mental fitness in mid-May before Circuit Judge Michael Wilson, according to court records.

Bartley is now 16 years old and turns 17 next month.

Hawk could not be reached for comment yesterday.

It is believed that Bartley already underwent mental examinations when his case was pending in Family Court.

Hawk made public comments to that effect after his client was indicted as an adult in October 2008, and he said there was more to the case than had been publicly disclosed.

"No one does something like this without reason," Hawk said. "I will bring that up at a later point. There are factors that have driven this case that haven't been brought to light — a lot of factors that will be brought up at the trial."

In comments submitted to the Legislature last month on the Karen's Law bill, state Judiciary administrative director Thomas Keller noted that the Bartley "waiver case dealt with complexities that required more than the usual time for waivers."

The average time for waiver decisions is 3.67 months, according to Keller.

He said in his written testimony that the Judiciary took no position on the Karen's Law bill, but he did say he believed the current system was operating fairly.

"To pass a bill based on the public perception of one very tragic case may have unintended consequences with negative results for the community in the long run," he said.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.