After years of treatment, Layton mother accused of killing 2 children incompetent for trial

After years of treatment, Layton mother accused of killing 2 children incompetent for trial

(Erin Hooley, File)


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FARMINGTON — After years of treatment at the Utah State Hospital, a Layton mother accused of killing her two children remains incompetent to stand trial, leaving her case on hold indefinitely.

In a written order handed down Monday, 2nd District Court Judge Michael Allphin found that the state hospital has run up against the maximum amount of time allowed by law to try to restore Sun Cha Warhola, now 51, to the point that she is capable of facing the two aggravated murder charges against her.

Warhola is accused of killing her children, 8-year-old James Warhola and 7-year-old Jean Warhola, in their home in September 2010.

According to charging documents, the children's father came home from work and found Warhola barricaded in one of the kids' bedrooms. When he pushed the door open, the two deceased children were under a blanket on the bed with "distinct ligature marks" on their necks, charges state.

The two aggravated first-degree felony charges carry a potential death penalty.

In his ruling, Allphin noted that concerns about Warhola's competency arose in November 2010, shortly after her arrest. In 2011, her attorney, Ed Brass, said the mother was "severely mentally ill" and that treating her illness was "the humane thing to do."

If Warhola were found competent for her case to advance, Brass said his client could have been "ultimately punished for something she can't even remember took place."

Court documents do not give specific details about Warhola's mental illness.

After treatment at the Utah State Hospital, Warhola was recommitted for additional care in June 2014 when it was found she was still not competent, meaning she was incapable of understanding the charges against her, making decisions in court or communicating with her attorney.

Allphin wrote that according to reports from the Utah State Hospital, Warhola remains incompetent to proceed, and that "there is no substantial probability that (Warhola) will be restored to competency in the forseeable future."

A civil committment is being sought for Warhola, meaning a civil court judge will consider whether she should be ordered into treatment in a hospital or in the community.

Warhola's case has made little progress in the years since her children's deaths, to the point that the Layton woman has yet to enter a plea. Charges in the case have not been dismissed, but because there is currently no need for additional proceedings, Allphin ordered that if there is reason to review Warhola's competency in the future, attorneys may contact the court to request a hearing.

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