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A Utah judge is mulling whether efforts to restore competency should continue for a Kearns woman accused of abandoning her newborn daughter in a trash can in 2014.
Alicia Englert, 25, is charged with attempted aggravated murder, a first-degree felony.
Mental-health professionals have deemed the woman not competent to proceed with trial — but 3rd District Judge Elizabeth Hruby-Mills must decide whether Englert should continue to receive training and education in an effort to restore her competency.
Englert's attorneys argue that the woman has a low IQ and any additional efforts made to restore her competency would be in vain, and likely unconstitutional.
"Her IQ and reasoning and memory is never going to change," defense attorney Josie Brumfield said Wednesday. "It is what it is. She can parrot things back, but no amount of additional training for this particular person is going to correct that issue.
"This has dragged on for a long time. At this point, there is no reason this court or the state should subject her to anything more than any other defendant would be subjected to."
Prosecutors argued in response that previous restoration efforts for Englert consisted of a two-hour training aimed to teach her more about the legal system. They want her sent to the Utah State Hospital, where more in-depth services can be offered.
"Our argument is, simply, it's too soon to make a decision that she's unrestorable," said Deputy Salt Lake County District Attorney Robert Parrish.
After hearing testimony on Wednesday from mental-health professionals who have worked with Englert, Hruby-Mills took the matter under advisement and did not immediately issue a ruling.
Clinical psychologist Ryan Houston testified Wednesday that when he evaluated Englert in 2015, she had problems understanding the charge filed against her and the potential punishments if she were to be convicted; she did not have the ability to make reasoned choices to aid her defense — some of the concepts necessary to be legally competent.
Karen Malm, a psychologist, testified on Wednesday, saying she doesn't believe Englert can learn these skills under any method, because her brain development is complete. She may be able to parrot back legal definitions, Malm said, but she likely will never be able to make reasoned decisions about her case.
"It's a moot point to continue to hammer her with the information," Malm said. "She still does not have the reasoned ability to use that information."
According to court documents, a neighbor heard crying and found the newborn in a trash can outside Englert's family home in August 2014. Police have said Englert told them she did not know she was pregnant until she gave birth, and that she did not want the baby.
The child was placed in state custody.
Because the case has stalled over the competency issue, Englert, who is free on bail, has not entered a formal plea to the attempted-murder charge.