Archive for Wednesday, April 1, 2009

Lawyer requests psychological evaluation for suspect in triple shooting

A psychological evaluation is being sought for Joseph Muhammad, the 22-year-old accused of shooting three people near KU last week.

April 1, 2009, 4:06 p.m. Updated April 1, 2009, 5:41 p.m.

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An attorney for a 22-year-old Overland Park man accused of shooting three people outside a Lawrence bar wants a psychological evaluation performed on his client.

Joseph A. Muhammad appeared in Douglas County District Court Wednesday afternoon, with his newly retained attorney, Edward Bigus of Overland Park.

Bigus told Judge Michael Malone that he would like to obtain a psychological evaluation on Muhammad, who is charged with three counts of aggravated battery, stemming from the shooting last week near 14th and Ohio streets.

Evidence is scheduled to be heard in the case during a preliminary hearing April 10.

Muhammad remains in custody at the Douglas County Jail.

Malone also found Ryan McGeeney, a University Daily Kansan photographer and Kansas University graduate student, in contempt of court for having a camera in the courtroom during the hearing without the judge’s permission. The judge fined him $500.

Comments

Scott Kaiser 6 years, 3 months ago

He should have the lawyer that old Marty Miller had.

cavtrooper 6 years, 3 months ago

Well, I can do an "eval" right here... Rock hard STUPID! ... but his lawyer will get a shrink to say that his mama didn't hug him enough or he has "emotional" issues.

HermioneElliott 6 years, 3 months ago

Well, we ALL have to abide by the law whether we agree with it or not.

lawthing 6 years, 3 months ago

Are Camera's now contraband?

Camera in the courtroom by a reporter...$500 fine! what happened to transparency of the legal system?

Tom McCune 6 years, 3 months ago

Aggravated battery? How about attempted murder?

somebodynew 6 years, 3 months ago

Well lawthing, it has always been a rule (at least in Dg Co) that you have to have permission beforehand to have cameras in the court room. Most times, all one has to do is ask, then follow the rules the judge sets.

Keep in mind all judges are bigger than God in their court rooms. (May not be right, but that is how it is in most all court rooms.)

Danimal 6 years, 3 months ago

This is all pure BS, our legal system is broken. This guys probably going to walk with probation or get a greatly reduced sentence because his uncle touched him when he was a kid so he wasn't his fault that he shot three people in a completely random and unprovoked act of violence. Additional evidence of what a joke our legal system is is that a reporter who was there to document the proceedings was fined $500. Judge Malone needs to go away.

bearded_gnome 6 years, 3 months ago

actually Judge Malone may have been trying to prevent Joe Mo's atty from having grounds for appealing the sentence when it comes.

good job Judge Malone, they oughta know better than to jack with you.


psych eval: put the muzzle of a loaded gun behind his right ear, see what he says. see how dirty his panties get.

Danimal 6 years, 3 months ago

It's the defense attorney that requested the psych eval. He's probably hoping some psychiatrist will help his defense out so this guy can get out on the streets and back to terrorizing society that much sooner.

lionheart72661 6 years, 3 months ago

Danimal (Anonymous) says…

This is all pure BS, our legal system is broken. This guys probably going to walk with probation or get a greatly reduced sentence because his uncle touched him when he was a kid so he wasn't his fault that he shot three people in a completely random and unprovoked act of violence. Additional evidence of what a joke our legal system is is that a reporter who was there to document the proceedings was fined $500. Judge Malone needs to go away.

Don't forget that heis a convicted felon in possesion of a firearm. That's Feds my friend and out of Malones hands and carries a flat 5 years.

Shelley Bock 6 years, 3 months ago

As to the contempt of court, I hadn't seen Judge Malone as mad as he was in years. The Judge was trying to maintain his court room control and neutrality for the defendant. Remember, this case may hinge on identification. Photos of a defendant in court might prejudice his case. I'm actually shocked at the sanction amount. While it may be youthful error by the reporter, it will be a lesson he couldn't have learned in the classroom, nor likely forget. (And, keep him out of student dives where he might get hurt.)

Although I was once on the receiving end of the Judge's wrath (and surived), I totally and completely respect his performance on the bench. I believe he's the best judge in Kansas, because he is so fair to all who appear before him. He has his standards which include respect for the Consitution, the laws and society. He also believes in doing justice for the defendant, whether that be a "break" or a significant sentence. When the evidence is presented and if the defendant is guilty, his sentence will be what society and the defendant need. Until then, don't prejudge.

madameX 6 years, 3 months ago

Why would he be federally charged? Based on the article linked to this one, it looks like his criminal history all happened within the state of Kansas, I don't see how there would be federal jurisdiction.

KSKid 6 years, 3 months ago

its illegal for a felon to possess a firearm.

madameX 6 years, 3 months ago

KSKid (Anonymous) says…

its illegal for a felon to possess a firearm.


I hadn't thought of that. Is it a federal law? Even so, the feds could only charge him with possession of a firearm, I don't know that it would give them jurisdiction in any of the other charges, and in this case I think the fact that he had the gun is secondary to what he (allegedly) did with the gun.

cthulhu_4_president 6 years, 3 months ago

Newell_Post (Anonymous) says… Aggravated battery? How about attempted murder?


I believe in physical assaults with bare hands or handheld weapons, the attack must be focused or injury must be incurred above the waist for it to be considered attempted murder (This may be incorrect.). If I remember the story correctly, all 3 people suffered injury to their feet and legs only. What do you think: sloppy aim, or planning ahead?

lawthing 6 years, 3 months ago

The feds are all tied up with the yellow house case. No time for felons with firearms shooting up the town!

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