Judge rules defendant incompetent

October 1, 2005 at 12:00a.m.

The case will be re-evaluated in four months.
By D.A. WILKINSON
VINDICATOR SALEM BUREAU
LISBON -- A judge has ruled that a Hanoverton man is incompetent now to be tried in the shooting death of his sister.
Columbiana County Common Pleas Court Judge David Tobin ruled Friday that James Kovach Jr., 64, of Camp Boulevard, will be treated and evaluated before further court action.
Kovach was indicted on a charge aggravated murder, accused of shooting Kathryn Anderson on June 5 at the house they shared.
Kovach was examined by Dr. Thomas M. Anuszkiewicz of the Forensic Psychiatric Center of Northeast Ohio.
Health problems
The doctor's report showed that Kovach suffers from Huntington's Disease, a genetic disorder characterized by dementia that often leads to death 15 to 20 years after its onset.
The report also says that Kovach suffers from other health problems that have caused depression and a suicide attempt. Kovach also has memory problems.
Kovach appeared in court in a wheelchair with his ankles chained.
Judge Tobin ruled based on the report without hearing any testimony or legal arguments.
Kovach will be sent to Heartland Behavioral Healthcare in Massillon for treatment. He noted that the evaluation said it was unclear whether Kovach would respond to treatment.
"The defendant, based on the report, is a danger to himself and others. He needs to be in a secure facility," Judge Tobin said.
Kovach's medical condition will be re-evaluated after four months. That will help determine whether Kovach will be competent under state law to go on trial within one year of Friday's hearing. Defendants must be competent to stand trial, though they can claim illness at the time of the crime.
Kovach is not married and had quit his job working for a private water company.
He recently was hospitalized in the Salem Community Hospital, where he was guarded by deputies. The county commissioners later hired extra nurses who, along with the staff nurses at the county jail, were able to care for Kovach in the jail.
wilkinson@vindy.com