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WEST JORDAN — Lawyers for a man accused of kidnapping and murdering a 6-year-old West Jordan girl said Thursday he's probably not mentally competent to stand trial, but a judge decided to wait before ruling on his mental state because his psychiatric tests are more than a year old.
The case against Terry Lee Black, 44, has been tied up in appeals courts for nearly two years.
Defense attorneys say his condition has likely worsened during his time in jail and asked a judge to send him to the state mental hospital right away since there's a long waiting list for spots.
"Every day that goes by that you are untreated makes the prospects for recovery worse," lawyer Patrick Corum said.
Prosecutors countered that Black's condition might have changed, and he should be looked at again.
Judge Douglas Hogan agreed and ordered new tests, with results expected in early December. Lawyers did not elaborate on Black's mental condition.
If declared mentally incompetent to stand trial, Black will be sent to the state hospital for treatment and could go to trial later if treatment works.
Prosecutor Robert Stott said the waiting has been tough on the family of Sierra Newbold, the girl who was killed.
"They're very frustrated and they would certainly like this thing to get over," he said. "At some point he has to be held accountable for what he did."
Black is accused of abducting Newbold from her home in June 2012. Prosecutors say he beat, raped and choked the girl before throwing her in a canal, where she drowned.
Related:
Neighbor arrested in murder of 6-year-old Sierra Newbold
Outstanding police work, some lucky breaks, a strong hunch and possibly even divine intervention led to the arrest of a man accused of murdering 6-year-old Sierra Newbold.He has not yet entered a plea to charges of aggravated murder, child kidnapping and child rape. Prosecutors haven't said if the state would seek the death penalty.
Investigators said Black attended the same congregation as the Newbold family in The Church of Jesus Christ of Latter-day Saints, and his apartment was near the canal where she was found.
Police said they had home surveillance video of someone entering the Newbold house through a sliding glass door, and they linked Black to the crime by matching debris on his clothing to a fire-blackened field where Sierra's clothing was found.
The case has been on hold as his lawyers claimed the judge was biased and appealed to the Utah Supreme Court. The high court ruled in July that the issue is moot because Judge Mark Kouris had already been transferred.
