What happens if murder suspect is not competent to stand trial

IDAHO FALLS, Idaho (KIFI) - All court proceedings for Jeremy Best are on hold until a mental capacity determination can be made.

Local News 8 spoke with Criminal Defense lawyer Allen Browning on Friday to find out how best's mental health could play a role in the legal proceedings.

Browning is not attached to the Best case, but he does have years of legal experience in similar trials involving mental health.

Best is accused of killing his pregnant wife and taking his 10-month-old son in Victor. He has been charged with two counts of first degree murder in Teton County, Idaho.

Browning told Local News 8 the goal in a mental health evaluation is to assess the suspect, then "treat their mental illness to the point where they're fit to stand trial."

He said, "They just need to establish the defendant can actually help their attorney in his defense." Which means people can be dealing with mental issues, but still be competent to stand trial. 

"You will have a person who is capable of assisting as attorney with the proceedings," Browning said. "...But can absolutely go nuts in the courtroom. They may have to stop the proceedings...recess until another day or various other things. They may have to restrain the defendant."

"That's why you get you get some strange behavior from people sometimes because they're technically competent to assist their attorney. But by all outward appearances, you know, they just act crazy."

Despite Best's current mental state or actions in the previous hearing he still could be considered fit for court.

Once Best is considered competent, the case would move forward immediately, but if the suspect is not found mentally competent, Browning says he'd most likely be sent to mental health facility.

"The goal of the treating facility is to bring that person's mental status up to where they can assist their their attorney," Browning said. "And so they will have them tested for different kinds of drugs, for example, to see what kind of drug regimen they need. They'll give them whatever kind of treatment is warranted with the goal of restoring competency so they can have a trial that means something."

Browning said there are some people that are never going to be competent. In that case, prosecutors are forced to leave them in a mental health institution and hope for the best.

Court documents show Jeremy Best has been put under a legal conservatorship during the court proceedings.

"The conservator would be able to make major decisions concerning the business, be able to sign checks on behalf of the person to make sure the business can keep running while the other person is not able to get it," Browning said.

He said that conservator would even be able to oversee the sale of any assets which in Best's case would include his home or even auto-repair shop.