Mental fitness trial to begin today in Lincolnshire molestation case

Testimony is expected to begin today in a trial to determine whether a Kildeer man accused of molesting four boys is mentally fit to stand trial.

In what is described as a rare instance in Lake County courts, 12 layman jurors will evaluate conflicting psychological assessments of Paul Olsson and choose between the two.

In most similar cases, attorneys on both sides agree to accept one opinion or a judge decides which opinion is most valid. Olsson's lawyers say they are forced to go to the jury because their client won't cooperate with them.

The charges against Olsson, 20, were filed in September 2005 while he worked as a counselor at the Lincolnshire Bath and Tennis Club.

Since firing his first attorney in January 2007, Olsson has battled with judges and attorneys over his desire to choose a lawyer on his own terms.

He was found unfit to stand trial in October 2007 and turned over to the state Department of Human Services for treatment.

The legal standard of fitness for trial states a person must understand the charges against him, have a basic knowledge of the court system and be able to assist in his own defense.

Although a report from Human Services said Olsson refused to participate in any treatment or therapy programs while in custody, doctors there found him fit in late December.

However, a psychologist who examined Olsson after he was returned to Lake County said she did not believe Olsson was capable of assisting in his own defense, and was therefore unfit.

Part of Olsson's inability to assist in his own defense may be his repeated objections to being represented by the Lake County public defender's office, which was appointed to handle his case last year.

That issue surfaced again Tuesday when Assistant Public Defender Keith Grant asked for the fitness trial to be delayed because Olsson has filed a suit against him in federal court.

Grant told Associate Judge Christopher Stride he has hired a lawyer from outside his office to represent him against Olsson's suit. It accuses Grant of misconduct and criminal activity.

Grant said it was unreasonable for him to proceed in a case in which he was defending Olsson from the state and defending himself against Olsson.

"At some point, as this case winds its way through the process, the reviewing courts will be asked to look at it," Grant said. "And one of the questions they will ask is if I was looking out for my client or looking out for my own legal rights."

Stride disagreed, saying it was not unusual for public defender clients to complain about their representation.

He also said Grant's experience and skill as an attorney was sufficient for him to continue representing Olsson while the federal action was pending.

If found fit to stand trial, Olsson faces up to 60 years in prison if convicted of all the charges against him.

Assistant State's Attorney Patricia Fix, chief of the felony prosecution division, said she could remember fewer than five jury trials on mental fitness held in Lake County in the last 15 years.