Tyler James Hutchinson, the man of Belmont resident Albert Korn in 2009, was found mentally competent to stand trial Friday after a short hearing in San Mateo County Superior Court before Judge Mark Forcum.
Friday's hearing centered around penal code section 1372, which is a certification of restoration to competency. After several months in Atascadero and Napa state hospitals, doctors determined Hutchinson to be competent.
During a , Hutchinson's attorneys, James Thompson and Ricard Keyes, told the court that the defense would contest the conclusion of the state hospital medical staff. However, at Friday's hearing the attorneys advised the court of a changed defense position and withdrew their objection to the state hospital certification. The court determined that Hutchinson is competent to stand trial and reinstituted criminal proceedings.
The defendant refused to waive his right to a preliminary hearing within ten court days and the court set the case for preliminary hearing on Dec. 22 at 9:00 a.m. before Judge Forcum. The defense attorneys indicated they may file a motion to continue and override the defendant’s refusal to waive time in order to properly prepare for the preliminary hearing.
Hutchinson, 23, attended Friday's courtroom proceedings with his attorney, public defender Keyes. He is currently being held at the San Mateo County Jail.
The deputy district attorney on the case is Al Giannini.
Hutchinson was committed to Atascadero State Hospital in April . That ruling was based on the evaluation of two court-appointed doctors who determined the defendant was mentally incompetent. He is accused of robbing, burglarizing and beating 88-year-old Albert Korn after breaking into his home on Hallmark Drive on June 2, 2009.