Prosecutors can seek more opinions on murder suspect's mental fitness
McHenry County prosecutors can hire independent evaluators to challenge three state doctors who say murder suspect Lawrence Hucksteadt is - and probably always will be - mentally unfit to stand trial, a court ruled Friday.
The decision by Judge Joseph Condon could set up one trial, either before a judge or a jury, that would determine whether Hucksteadt is fit to face another trial to determine his guilt or innocence.
Hucksteadt, 45, faces charges of first-degree murder, aggravated arson and heinous battery for a grisly July 2004 attack on a woman inside a Woodstock behavioral health clinic.
Authorities say the incident began when Hucksteadt, a Woodstock resident and patient at the clinic, argued inside with receptionist Ellen Polivka. Hucksteadt left the facility temporary and returned with a can of gasoline, dumped it on Polivka and set her on fire.
Polivka, 69, died of her injuries about a month later.
Since then, Hucksteadt has been back and forth between the McHenry County jail and state mental health facilities as authorities have tried to make him fit for trial.
In April, three doctors treating Hucksteadt at the Elgin Mental Health Center submitted reports indicating his psychological problems are so severe that chanes are he would never be fit for trial.
County prosecutors questioned the findings, launching a legal battle Condon ended Friday by ruling, over the objection of Hucksteadt's defense, that prosecutors can obtain a fourth and fifth opinion.
"We want a psychiatrist and a psychologist to evaluate him to determine if he truly is unfit," said Nichole Owens, criminal division chief for the McHenry County State's Attorney. "Because of the gravity of the offenses here, we want to ensure that the case is treated carefully."
Hucksteadt will remain in the Elgin Mental Health Center while undergoing the additional evaluations. Even if found unfit for trial, it is likely authorities would keep him locked up through an involuntarily commitment.