Defendant's attorney asks for evaluation of co-defendants

March 21, 2019 at 12:05a.m.

YOUNGSTOWN

The attorney for one of three men accused in a July 2017 murder asked a judge Wednesday to have a hearing against the co-defendants to determine if they are competent enough to testify against his client.

Atty. David Betras filed the motion in Mahoning County Common Pleas Court on behalf of Alex New, 21, who is accused of aggravated murder in the shooting death of Marion Bugdal, 52, who was found shot to death in his burned-out home on the East Side.

Also charged in Bugdal’s death are Johnnathen Figueroa, 21, and Fred Nolasco, also 21.

Judge Maureen Sweeney ruled last year that Figueroa and Nolasco are incompetent to stand trial for Bugdal’s death.

Betras said in his motion he believes prosecutors plan to call both as witnesses against his client, but he believes both men have an “intellectual disability,” which means, he said, the state has the burden to prove they are competent to testify.

Betras also asked for funds to retain a psychiatrist or psychologist, so that witness can rebut any testimony by the state that the two are competent to testify.

That witness also can be used, if the two are ruled competent, to tell jurors about the credibility and mental status of the pair.

State law and rules of evidence dictate that a witness be of sound mind when testifying, Betras said, and their competence has already been called into question since both co-defendants were deemed incompetent to stand trial.

A hearing date has not been set yet for the motions.