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FLAGSTAFF, Ariz. (AP) - Experts who testified in the case of an Arizona man accused of killing a Utah sheriff's deputy agree that the defendant is mentally ill, but they're at odds over whether he can rationally and sufficiently help his lawyers prepare a defense.
Scott Curley is facing a premeditated first-degree murder charge in the 2010 shooting death of Kane County, Utah, Deputy Brian Harris. Curley has described the shooting consistently, saying he hid under a tree and intently fired an assault rifle at someone who didn't listen to his demands to freeze.
Witnesses for the prosecution testified Tuesday at a competency hearing that Curley can be redirected from delusional beliefs and auditory hallucinations to focus on the case and aid in his defense, which could include a claim of insanity.
But Curley's attorney, Brad Bransky, said his client is intent on revealing his own truth about the shooting, which includes talk of video games, dragons, the cosmos, a tri-force and a test of humanity.
"What if your story is totally psychotic, and you're insisting it's true, and that's your defense?" Bransky asked.
The hearing resumes Wednesday with final arguments.
Barry Morenz, a mental health expert for the defense, characterized Curley as a paranoid schizophrenic. Although he's highly intelligent, Morenz said Curley is guided by beliefs and hallucinations that he doesn't realize are out of touch with reality.
"I don't think you will be able to successfully dissuade him from his preoccupations and wanting to describe them to the court," Morenz said.
But with changes to medication, Morenz said Curley could be restored to competency.
Morenz did not come to the same conclusion, nor administer the same tests, as the experts for the prosecution.
Prosecutors challenged Morenz's methodology and research, and said he provided no factual basis for his conclusion that Curley is incompetent. Curley's consistency in interviews over 14 months show that he's capable of assisting his lawyers, the prosecution's witnesses said.
"Despite what might happen in Mr. Curley's world, in the jail, in this case, he remains competent to proceed," said James Sullivan, a forensic neuropsychologist who evaluated Curley in March.
Curley had little trouble in a videotaped interview defining or conceptualizing the court process. He also told family members that he understands that he could plead insanity and has a strategy to pursue it.
While he's formally pleaded not guilty in court to the murder charge, as well as charges of aggravated assault on a police officer and a citizen, and burglary and theft, Curley has told authorities and mental health experts that he's guilty.
"He has the delusional system that goes into some explaining regarding what he did, but also in there is his appreciation of wrongdoing," said Steven Pitts, who spent hours evaluating Curley and was a witness for the prosecution.
Curley responded in one interview that he's more likely to take a plea deal, although one hasn't been offered to him, because a lesser penalty "makes sense."
"I'm guilty. If I didn't take an offer, I'd be a fool," he said.
Curley sat silent throughout the hearing, with family members seated behind him in the courtroom. Harris' family members, friends and some sheriff's officials filled the rows on the opposite side.
Harris, 41, was tracking Curley, who was wanted for burglary when he was ambushed in August 2010, authorities said. Following the shooting, Curley fled on foot into the wilderness along the Arizona-Utah border. He was captured four days later near Kanab, Utah.
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
