County attorney says forensic examiner’s office ignoring subpoenas, missing competency evaluations

By Alanna Flood

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    MANCHESTER, New Hampshire (WMUR) — A county attorney in New Hampshire is raising concerns about the state’s forensic examiner’s office, saying it has ignored subpoenas and missed a court hearing, leading to charges being dismissed against some suspects.

The office, which operates under the Department of Corrections, is responsible for handling competency evaluations for suspects. Merrimack County Attorney Paul Halvorsen said the issues with the office have risen to a point where he had to alert the governor.

News 9 Investigates has learned that some criminals with mental illness who were deemed incompetent to stand trial are having the charges against them dismissed, and some are not getting mental help.

Halvorsen is the latest official to raise concerns about the problems, notifying the governor and the attorney general.

In documents obtained by News 9 Investigates, Halvorsen said representatives with the forensic examiner’s office have missed a scheduled court hearing, refused subpoenas and have been late completing competency evaluations.

Competency evaluations must be done within 90 days, and if they’re missed, criminal cases can be dismissed.

Representatives from the office of the forensic examiner said people who are incarcerated are being evaluated.

“It is the people who are out on bail that we have, because of our limited resources, because of the higher demand, are unable to meet the timeframes as statutorily written,” said Paula Mattis, director of medical and forensic services.

Halvorsen was not available for comment but said in the documents that his concerns are important to the overall function of criminal prosecution.

Mattis said one reason for the backlog is that people who are out on bail who need to be evaluated often don’t show up for appointments.

“The no-show rate for these evaluations is something that’s often overlooked in these conversations,” she said.

A bill being considered by lawmakers would add a new “forensic liaison” position to help defendants through the process of getting a competency evaluation. It would be a pilot program that would likely start in one county.

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