Judge Weighs Legal Dispute Over Furrow’s Defense

Federal Judge Richard A. Paez took under advisement Monday a government motion to compel lawyers for Buford O. Furrow Jr. to declare by June 26 whether they will mount a mental health defense.

Lawyers for the avowed white supremacist said they should not be required to reveal their intentions until Aug. 15 at the earliest, and only after Paez decides key defense motions, including one challenging the death penalty case against Furrow.

Furrow is accused of killing a Filipino American letter carrier after wounding five people at the North Valley Jewish Community Center in Granada Hills on Aug. 10.

Paez, whose appointment to the U.S. 9th Circuit Court of Appeals was ratified by the Senate last week, is scheduled to hear arguments on the defense motions on June 5.

Federal public defender Judy Clarke asked Paez to set the mental health notification deadline at Aug. 15 or three months before the start of the trial, whichever comes later.

Under federal procedures, a criminal defendant who plans to mount an insanity defense must give prior notice so the prosecution can prepare its opposition at trial.

Paez also took under advisement, but expressed skepticism about, a government request that any psychiatrists used by both sides collaborate on their testing procedures to ensure uniformity. Clarke argued that it would violate Furrow’s constitutional rights.

Furrow, who waived his right to attend Monday’s hearing, is set to go on trial Nov. 14.