ESP murder suspect Michael “Big Time” Ofeldt is sane enough to stand trial but due to a “brain injury” not competent to serve as his own lawyer said Nevada Prosecuting Attorney Karen Kreizenbeck and public Defender Charles Odgers in a five page motion to White Pine District Judge Steve Dobrescu.
full response: CR1201004opp5
Accused of the 2011 murder of his cell mate Erik “Bingo” Hauser, Ofeldt has never denied the killing but instead has insisted he was acting in self defense.
This Tuesday Dobrescu heard a motion from Ofeldt to allow him to fire his attorney Charles Odgers and instead represent himself. Dobrescu is expected to rule on the motion next week.
The joint response to Ofeldt motions reveals something of the ESP inmate’s long and disturbing mental history that if he is refused the chance to represent himself will certainly be heard during his trial. (The complete motion is published on page 2). However if sources are correct, if Ofeldt wins the right to represent himself that history will remain buried.
According to sources Ofeldt felt that implying he was not mentally healthy at the time of the killing was somehow demeaning and suggested that he was somehow weak. An implication that the inmate would even prefer a death sentence than admit to.
However according to the joint response Ofeldt was diagnosed with a multitude of mental health disorders as early as 9 years old and in 2000 was diagnosed with an “organic brain injury”.
According to BrainandSpinalCord.com sufferers “may be extremely agitated and tense, possibly even hostile. He or she may be confused and unable to think with the usual speed or clarity. Also, he or she may be disoriented and unable to concentrate or pay attention. Memory and decision-making abilities might also be impaired. Daily routine tasks such as driving, running a household, or conducting business may suffer. It is also often the case that short or long term memory can be affected, leading to a diminished capacity to process and retain information. One of the most extreme symptoms of this syndrome is dementia, which is generally not reversible and adversely affects memory, judgment, language, behavior, problem-solving ability, and overall independent functioning. Although often occurring in old age, dementia can also be brought on by serious infection or prolonged drug or alcohol abuse. As it progresses, the patient is gradually robbed of his or her ability to judge, think, behave appropriately, and sometimes even to express thoughts or feelings.”.
Those symptoms almost perfectly describe Ofeldt. From the day he arrived in 2004 Ofeldt has apparently been at war with Ely State Prison waged against both staff and fellow inmates alike. According to his prison disciplinary report, Ofeldt has spent almost half his so far nine years in prison under one form of discipline or another and close to four years in solitary confinement otherwise know as disciplinary segregation.
Most of the infractions Ofeldt was punished for were violent from fighting, assaults on other inmates to assaults on guards. His longest stretch in solitary began on October 31, 2009 and ended shortly before he killed cell mate Hauser in May 2011.
That long stretch in isolation could also play a role in his defense.
Last year, Judge Dan Papez found the potential of violence so great that he granted the prosecution motion that Ofeldt wear a stun belt during his upcoming trial.
Ofeldt was recently examined by Dr. John Matthew Fabian.
In a phone interview with the High Desert Advocate Fabian said he was asked to evaluate whether or not Ofeldt may have felt his life was threatened when the inmate killed Hauser.
While Fabian declined to tell his conclusion, the fact of his report still to be completed prompted the prosecution to agree to a defense request to continue the trial now set for April 2014.
Before the issue of mental illness came to the fore Odgers has laid at least a preliminary case of self defense and according to more than a few pieces of correspondence between prison officials and the White Pine County Sheriff’s office they may have enough to raise at least a reasonable doubt in the minds of jurors.
Documents obtained by the Advocate at least suggest that both investigators from the prison and the White Pine County Sheriff’s Department did not dismiss that angle out of hand.
According to those and other documents Ofeldt was fingered for killing to seal a truce between two white prison gangs the Aryan Warriors and the Skin Heads. Ofeldt, the correspondence suggested, was accused of being a snitch by the Aryan Warriors and Houser was picked for the job.
In doing so Odgers according to some observers has turned an open and shut murder case into something that just might lead a jury to consider reasonable doubt.
Such a defense as a lone warrior fighting against a vast conspiracy rather than a “nut case” must be more appealing to Ofeldt even if he would lose.