Attorney says sex offender may not be fit for trial
Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 8 months AGO
A defense attorney asked Flathead District Judge David Ortley on Thursday to delay the arraignment of a sex offender accused of not registering with authorities because he might be mentally unfit to proceed to trial.
“We would ask that we continue the arraignment at this time,” public defender Vicki Frazier said.
She asked for 90 days to get Tommy Dylan, 57, evaluated by a mental health professional to determine if he was mentally fit to proceed.
Dylan was set to be arraigned on a charge of felony failure to register as a sex offender for allegedly going three months without notifying law enforcement of his whereabouts.
Dylan, a transient, was the subject of an indecent exposure investigation by the Kalispell Police Department on Oct. 3, 2015. Dylan was not charged, although he was required to register with the department. He registered on Oct. 5, but allegedly failed to update his address since then.
He is required to register because of a 2010 sex offense in Oregon and involved a woman in her 50s.
Ortley continued the case to May 19.
“Mr. Dylan is remanded to the custody of the sheriff,” Ortley said.
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