By: Della Whittaker
The defense argued in a motion for a new evaluation that a completed competency evaluation filed on Nov. 18, 2022, is no longer current and the defense counsel has concerns that Schabusiness “may have been suffering from a mental breakdown or other mental defect before and after the alleged incident on Feb. 23, 2022.”
Schabusiness who is accused of murder and dismemberment faces felony charges of first-degree intentional homicide, mutilating a corpse and sexual assault.
Prosecutors want the trial to stay on track, saying the state has spent “a significant amount of resources” on preparing for the trial and all of its witnesses are available.
Walsh granted another competency evaluation. Walsh said during the hearing he was confident the evaluation can be completed and ruled on before jury selection.
Schabusiness was first scheduled to face trial last October which was rescheduled to February and has since been rescheduled for the second time to July.
On July 13, the defense will have a doctor it hired testify on the competency of Schabusiness.
The state’s court ordered doctor is currently scheduled to testify on Schabusiness’ competency at 8:30 a.m. July 21 prior to jury selection that afternoon. Opening statements and testimony is scheduled for Monday, July 24 with the trial expected to last one week.
This story was originally published by Scripps News Green Bay, an E.W. Scripps Company.