Defendant claims incompetency over rape charges, judge disagrees

NORWICH – A Norwich man facing rape and endangering the welfare of a child charges claimed he wasn’t competent to stand trial on Friday, and after testimony from two psychologists the Chenango County Court judge ruled against him.


Timothy Smith was indicted on two counts of third-degree rape, third-degree criminal sexual act, and endangering the welfare of a child.


One of the psychologists, Doctor Sally George, testified that during a mental competency examination Smith was able to comprehend questions asked about the criminal justice system, and what would happen to him if convicted.


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“We usually ask individuals what the charges against them are, what the possible consequences would be if they were convicted, and about the different roles in the courtroom,” said George.


She said the two had an approximately 45 minute interview, and during that interview he was able to answer questions coherently, seemingly without issue. At the end of the interview she determined that he was mentally competent enough to stand trial. The other psychologist also found that he was mentally competent.


“He did report that he had difficulty reading, multiplying, or dividing,” said George. “Ultimately I determined that he did not have a mental defect where it would impact his ability to stand trial or assist in his own defense.”

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