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Updated: 12:26 a.m. Wednesday, June 27, 2012 | Posted: 11:20 p.m. Tuesday, June 26, 2012
By Lou Grieco
Staff Writer
XENIA — A Greene County Common Pleas judge ordered that medical workers be allowed to force Pardeep Saini, accused of killing his father, to take psychotropic and other medications.
Judge Stephen A. Wolaver cited testimony Tuesday that Saini’s current condition could be lifelong without medication, and said “that is not justice.”
Saini, 32, is charged with the killing of Onkar Saini, 66, who was found dead Jan. 9 of multiple gunshot wounds in the Sainis’ Beavercreek residence.
On June 14, Wolaver found that Saini was incompetent to stand trial, but potentially restorable. Competency relates to a defendant’s ability to understand the legal proceedings and to assist the attorney in preparing a defense.
Saini also has entered a plea of not guilty by reason of insanity.
To be found insane, defendants must have a mental defect or illness that prevents them from knowing what they did was wrong at the time they did it.
Dr. David Soehner of Twin Valley Behavioral Healthcare in Columbus was the sole witness at a hearing Tuesday before Wolaver.
Saini was present, but sat with his head down, never looking up and not responding to his attorneys.
Soehner said that it was in Saini’s best medical interest to be forced to take his medications, and without them, he had no chance to be restored to competency.
Soehner also said that Saini believed that his family had been killed and replaced by imposters and that he suffered from schizophrenia of a paranoid type.
In the application to authorize forced medications to Saini, Twin Valley officials wrote that he “has a history of severe psychotic symptoms, such as hallucinations, disorganized thinking and delusions which significantly interfere with functioning and present a danger to the rights of others inside and outside of the hospital setting.”
The application also includes a long list of possible medicines Saini might be given along with potential side effects. It also notes that Saini “has a history of noncompliance with medications and medical procedures.”
Soehner said that, more than 50 percent of the time, someone with Saini’s illness can be restored to competency with medication. He said the long list of medications was necessary because different people responded to different drugs or combinations of drugs, but Saini would be constantly monitored for side effects.
Attorney Joe Graf, representing Saini, argued that the list of drugs were a “crapshoot,” and that the side effects could be physically dangerous or could lead to memory loss, making Saini unable to aid his defense.
But Wolaver said that Saini was already incompetent, that there were “no real significant alternatives,” and that his illness could be life-long, adding “I can’t ignore that.”
Contact this reporter at (937) 225-2057 or lgrieco@DaytonDailyNews.com.
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