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Defendant in Harrison Twp. killing, kidnapping gets 2nd competency exam

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By Steve Bennish, Staff Writer Updated 4:43 PM Tuesday, April 28, 2009

DAYTON — Charlie W. Myers, the Columbus man accused of killing Jenny Nelson of Harrison Twp. and leaving her 4-year-old son at a highway rest stop, will undergo a second competency exam, a judge has decided.

The first exam concluded that Myers, 22 is competent for trial.

But defense attorneys have said that exam was unreliable in determining whether their client’s hearing impairment and language deficit will affect his ability to understand the proceedings.

Judge Dennis Langer of Montgomery County Common Pleas Court told The Associated Press he was showing discretion when he ordered a second exam Monday, April 27.

Myers has pleaded not guilty to aggravated murder and other felonies. He remains in the county jail.

Prosecutors, who said they plan to seek the death penalty, have said he shot Nelson, 29, on Jan. 2 and had sexual contact with the boy.

Dennis Lieberman, one of Myers’ attorneys, said he is pleased with the decision.

“I think the judge is doing the right thing,” Lieberman said Monday night. “We have to be certain Charlie Myers is, or is not, competent. There were legitimate questions raised in the first report that need to be addressed.”

No one from county Prosecutor Mathias H. Heck Jr.’s office could be reached for comment.

Heck and the two prosecutors assigned to the case filed a memo last Thursday, April 23, arguing that Myers should not be afforded a second exam.

Their memo said Myers, in his confession to police three days after Nelson’s death, was able to identify legal terms such as murder and burglary “without assistance or leading questions from the interviewing detectives, and long before he realized it might behoove him to feign ignorance for purposes of a competency evaluation.”

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Hey everyone do you mind grow the **** up and move on its been 6 months since he been in jail and yall still on his ***.. leave him alone and let him to learn and he dont deserved PD

tas
10:42 PM, 7/28/2009

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This will upset alot of people, but I will say it anyway. I don't think that Charlie deserves the DP, he deserves to get the medical attention he as been needing after such a horrible life he has had. It wasn't fair what happend to Jenny and her family, but it's also not fair to dispose of people who have been abused all their lives.

Charlie's Angel
2:30 PM, 5/4/2009

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Dennis Lieberman is also the one who telephoned Judge Cindy Heck the night his wife, County Commissioner Debbie was arrested for DWI by the OSHP. Mat Heck was going to lead the prosecution in the courtroom on this case if you remember his press conference, yet no one in his office is available for comment. Cowards. Sheriff Plummer committed a big blunder when he allowed the media into the jail area when Myers was being returned from Columbus.

Fred
9:15 PM, 4/28/2009

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STOP! ENOUGH! Drop all charges. Set him free. Just let us know where he lives. We'll do the rest.

jeff, wally and bill
6:13 PM, 4/28/2009

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The first exam concluded that Myers, 22 is competent for trial. Now they want a 2nd exam because the client’s hearing impairment and language deficit will or may affect his ability to understand the proceedings. what they affaid he didnt hear the woman scream loud enough?? He killed a woman took her kid and dumped him off after the poor child seen his mother die OMG i'll BUY the PRICK a HEARING AID so He can hear them say YOUR GUILTY! GIVE him the Death Penalty!!

Samantha
4:14 PM, 4/28/2009

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