|Linn denied competency hearing in Islamic Center case|
|Written by By PETER KUEBECK/Sentinel Staff Writer|
|Tuesday, 12 March 2013 11:09|
TOLEDO – A motion to determine the competency of admitted Islamic Center arsonist Randolph Linn has been denied in U.S. District Court, pending a plea withdrawal hearing later this month.
According to an order by Judge Jack Zouhary filed Monday in federal court in Toledo, attorney John Thebes’ motion for the psychological evaluation has been disallowed. However, the order indicates Thebes may file the motion again on behalf of his client following a planned March 21 hearing regarding the motion of Linn, 52, St. Joe, Ind., to withdraw his previous plea of guilty.
Linn pleaded in December to federal hate crimes and gun charges in the Sept. 30 arson at the Islamic Center of Greater Toledo in Perrysburg Township. The site is still unusable and estimates have placed damages at around $1.5 million.
However, Linn wrote a letter to Zouhary in January to withdraw that plea, saying he was under duress and depressed at the time. Thebes later filed a successful motion to withdraw that letter and filed a formal motion, stating that Linn’s mental state and competence had not been taken into consideration during the proceedings, and that statements made by Linn in December “reflect the jumbled mind of (Linn) at the time of the offense and seriously call into question the fact that no motions were filed regarding insanity and/or competence to stand trial.”
Barring additional court action, Linn is to be sentenced April 16 for the crimes, including 20 years in prison and an unannounced financial penalty.
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