Curl psychologically fit to stand trial, will be arraigned on Tuesday
February 17, 2011
William Curl has been deemed psychologically fit to stand trial.
The decision was announced by Regina Harris, Curl’s public defender, at a court status update Thursday morning. Curl, 34, is the man charged with the murder of Antinette “Toni” Keller.
Curl will be arraigned at 1:30 p.m. Tuesday at the DeKalb County Courthouse. In an arraignment, a person accused of a crime enters a plea against their charges.
Harris said Curl will enter a plea of not guilty, which is standard practice.
At his arraignment, Curl will also have his charges and their corresponding penalties explained to him, as well as his rights. He will appear before the judge in person. He appeared via closed-circuit TV from DeKalb County Jail on Thursday.
Harris said Jayne Braden, the licensed clinical psychologist evaluating Curl, has not finished Curl’s evaluation but has made sufficient progress to determine that he is psychologically fit for trial.
Fitness for trial means that a defendant can understand the charges brought against them and the proceedings of the trial well enough to assist their counsel, Harris said.
Clay Campbell, DeKalb County State’s attorney, said the result of Curl’s psychological evaluation is good news for the state.
“For us, it’s a positive step forward…simply because it allows the case to move forward,” he said.
The state has 120 days from the arraignment date to decide whether or not to pursue the death penalty.
Campbell said that decision remains under review.
Harris said the results of the continuing evaluation “will be used for a number of purposes, eventually.”
She said the results could be used during the trial as part of Curl’s defense, to determine leniency in sentencing, in negotiation or to file motions.
Harris said arraignment is the “official beginning of the trial process” but the trial will be slow-moving. She is still reviewing all of the evidence she received from the state.
“This is often frustrating for everyone: the family of Antinette, the family of my client, the public,” she said. “These cases take a lot of time if you’re going to do it properly.”
Harris said she doesn’t want to set a trial date without all of the evidence; she is still waiting for results from a DNA sample she agreed to have Curl provide Nov. 30. The prosecution filed a motion Nov. 19 requesting Curl’s DNA sample after he described, in a police interview, details of Keller’s death, including the clothes and shoes he was wearing at the time. Police found blood-stained shoes that may belong to Curl in a garbage dump search.
Harris said the state crime lab is often slow to process DNA results.
Campbell had no comment regarding the status of DNA sample, but agreed with Harris that the trial will not start for some time.
“This case is complex and it’s very difficult to anticipate what motions might be filed by either [side],” he said. “We will endeavor to get to trial [quickly]…the [Keller] family obviously wants to see this get to trial as soon as possible.”
Campbell said Judge Robbin Stuckert selected Tuesday afternoon for Curl’s arraignment so family of Keller and Curl could be present.
Members of Curl’s family who attended the court hearing Thursday declined to comment.
Curl’s next court date after his arraignment will be a status update regarding evidence in the case, Harris said.
Harris said Curl is “holding together well,” but “a very fragile person, emotionally and mentally.”
Curl is charged with arson, sexual criminal assault and five counts of first-degree murder.
Keller was last seen Oct. 14 after telling friends she was going to Prairie Park for an art project. Burned human remains were found in the park Oct. 16 but were not identified as belonging to Keller until Jan. 6.
Curl was taken into custody Oct. 26 in Covington, Louisiana for unlawful possession of a converted motor vehicle and obstruction of justice for failing to appear for his second interview with DeKalb Police.
He is being held on $5 million bond at DeKalb County Jail.