A - 85 Neuropsychological and Cultural Elements in the Assessment of Competency to Stand Trial.

Abstract

Research has highlighted how key cognitive functions underlie abilities within the construct of Competency to Stand Trial (CST). This case study examines the impacts of Mild Neurocognitive Disorder and culture on a physician found incompetent to stand trial. A 62-year-old African-born male physician charged with Health Fraud who was referred for an examination of his CST. His attorneys raised concerns about his rational understanding of the proceedings and his ability to collaborate constructively with them. The client underwent comprehensive forensic, neuropsychological and neurological assessment. Neuropsychological testing revealed low-average intellectual abilities which likely reflected a decline from estimated premorbid levels. Contrary to expected performance given cultural factors, nonverbal intellectual abilities were markedly lower than verbal intellectual abilities. Compromises in multiple domains of cognition including memory were also noted. A referral to neurology revealed moderate atrophy and a mass in the right temporal fossa, in line with a diagnosis of Mild Neurocognitive Disorder with Multiple Etiologies. A causal connection between his cognitive deficits (e.g., compromised reasoning) and competence-relevant abilities (e.g., capacity to waive constitutional rights) was established. The subject was adjudicated incompetent to stand trial and, largely due to neurologic findings, unlikely to attain competency (i.e., non-restorable). This study demonstrates the value of neuropsychological assessment in both the clinical recognition of brain pathology and cognitive dysfunction in the setting of complex legal and cultural issues. Guidelines to address complex competency cases that warrant comprehensive assessment are needed.