Updated Wed, Jan 15, 2014 11:10 am
Two reports analyzing an Alexander Twp. man's sanity showed different results, so his attempted murder case will head to trial.
Franklin Green entered a written plea of innocent by reason of insanity in two cases totaling 25 felony charges and two misdemeanors.
He is accused of firing a number of weapons at 11 emergency service personnel on April 29 when the team of law enforcement officers approached Green's home to serve a warrant, according to previous Messenger reporting.
Among the team were nine certified deputies, a reserve deputy and a paramedic. They were attempting to serve a warrant under the belief that Green illegally possessed firearms.
Green was indicted on 11 counts of attempted murder and 11 counts of felonious assault for the incident, along with one felony count of having weapons under disability and a misdemeanor count of assaulting a police dog.
He was indicted prior to the incident on charges of felonious assault, aggravated vehicular assault and misdemeanor domestic violence. Green allegedly tried to kill his father by intentionally wrecking a vehicle in which they were both riding, according to previous Messenger reporting.
A competency hearing was scheduled for Tuesday but the hearing was instead treated as a status conference. Green's defense attorney, Doug Francis, told the court an expert for the defense had found that the insanity plea was appropriate in the case. But the court ordered a second opinion, according to Francis, and the second evaluation found that Green was not eligible for an insanity plea.
"So we have differing opinions," Francis told the court, adding that a continuance of Tuesday's hearing had been requested. "But we already have a pre-trial scheduled for February 18 and a trial scheduled for March 18."
Judge L. Alan Goldsberry agreed to keep the pre-trial and trial dates with no objection from Assistant County Prosecutor Elizabeth Pepper.
"We (the defense and the prosecution) both (want) to proceed to trial so we are asking that the defendant waive his right to a speedy trial," Pepper said.
With his right to a speedy trial, Green had to be tried before the March 18 scheduled date. However, he did agree to waive the right which allowed for the scheduled date to remain intact.