Posted: Sunday, December 12, 2010 6:40 am | Updated: 6:42 am, Sun Dec 12, 2010.
By PHIL WRIGHT East Oregonian |
State prosecutors will get another psychiatric evaluation of Kathleen Blankenship, the Hermiston woman facing the charge of murdering her husband.
But with her new trial starting Feb. 1, 2011, Circuit Court Judge Garry Reynolds told prosecutors the report will be due by Jan. 10.
The ruling came during a hearing Friday over the objection of defense attorney Jack Morris, who said the state was merely “doctor shopping” to get the evaluation it wanted.
A Umatilla County jury in 2003 convicted Blankenship of shooting to death her husband, Walter Blankenship, in their Hermiston home in 2001.
The state argued Blankenship murdered her husband for a $750,000 life insurance policy.
The defense claimed Blankenship was under tremendous stress and emotional duress from a failing marriage and a failed business.
The Oregon Court of Appeals upheld her conviction in 2006. Blankenship then sought post-conviction relief, a civil action based on the ineffectiveness of counsel.
In 2009, Washington County Circuit Court Judge Steven L. Price found the defense hadn’t allowed Blankenship to testify, so the judge sent the case back to Umatilla County. Blankenship has been in the Umatilla County Jail in Pendleton awaiting a new trial since May 14, 2009.
Prosecutor Rachel Bridges with the Oregon Department of Justice said the state is entitled to a new evaluation of Blankenship after the last one came back with no opinion.
Dr. Scott Reichlin at the Oregon State Hospital evaluated Blankenship twice — the first time in 2002 and then again in April this year. The first time, Reichlin ruled out Blankenship was under an extreme emotional disturbance as a justification for shooting her husband.
But this year, Reichlin told the state it’s not his place to give an opinion concerning extreme emotional disturbance in a jury trial.
That prompted the state to seek the analysis of Dr. Charles Patrick Ewing at the University at Buffalo Law School in New York. Bridges said Ewing is a recognized expert on issues related to extreme emotions and violent behavior.
“We are allowed to have an expert review this,” Bridges contended.
Morris said Blankenship has had plenty of evaluations, and most have come back in her favor. The state is just shopping around until it gets the evaluation it wants, Morris said.
Blankenship watched the proceedings from the jail via video.
Judge Reynolds allowed the state to bring in Ewing, but not without some risk to the state’s case.
“So, I’m going to be expecting the state will make him available for trial no matter the evaluation says?” Reynolds asked Bridges.
Bridges agreed to that.
Reynolds also ordered the evaluation will happen in Pendleton, and the defense can be present during the evaluation and make a video of it. He also said the evaluation report is due by Jan. 10, 2011, giving the defense enough time to review it.
Morris had a final question: What happens if the evaluation is again favorable to the defense?
“I guess we’ll find it out when it comes, won’t we?” Reynolds responded.
Blankenship’s next court appearance is Jan. 24, 2011, to check if the state and defense are ready for trial.
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