Since being charged with the killings of his sister-in-law and niece almost 10 years ago, Ronald W. Lafferty has never sat in a courtroom without interrupting witnesses and attorneys with a sideshow of words unsuitable for print - until Monday.
After more than 16 months of treatment at the Utah State Hospital, a much more calm Lafferty sat in 4th District Court Monday and listened to about six hours of testimony from two doctors who said he is now competent to proceed with trial and one who said he is not. Not once did Lafferty interrupt or speak out loud. A few times he whispered to his attorney, Michael D. Esplin."As you can see, the medicine he is on is obviously working," Utah State Hospital spokesman Janina Chilton said.
After hearing testimony from the three doctors, Judge Steven L. Hansen ruled that Lafferty is now fit to proceed with a trial on two counts of capital homicide. Hansen said doctors' reports indicate Lafferty now has a "factual and reasonable" understanding of the charges against him and is capable of assisting his attorney. A trial date, likely in the fall, will be set at a hearing May 2.
"Although his belief system on religious and political issues may be called extreme by some, he's not psychotic or delusional," Hansen said.
Lafferty is accused of killing Brenda Wright Lafferty, 24, and her 15-month-old daughter, Erica. The two were found July 24, 1984, in their American Fork apartment with their throats slashed from ear to ear.
Ronald Lafferty and his brother, Dan Lafferty, were convicted of the murders following a trial in 1985. According to testimony from that trial, Ronald Lafferty claimed he received a revelation from God that called for the "removal" of his sister-in-law and several others who encouraged his wife to divorce him. Dan Lafferty was sentenced to life in prison and Ron Lafferty was sentenced to die.
In December 1991, however, the 10th Circuit Court of Appeals ruled that the original trial judge erred in determining Ronald Lafferty's competency and ordered a new trial. The court said Lafferty not only had to have a "factual understanding" of the charges against him, but a "reasonable understanding" as well.
In November 1992, Judge George E. Ballif ruled that Lafferty was incompetent to assist his attorneys after doctors testified that the former Highland councilman has religious delusions and a distrust for the judicial system.
Lafferty has been at the state hospital since then, and in October began taking anti-depressant and anti-psychotic medicine. Five months ago, hospital clinical director Craig Hummel called for outside evaluations of Lafferty from psychiatrist Noal Gardner and psychologist Stephen Golding after Lafferty's physician, James A. Gillett, requested more privileges for his client.
Golding testified Monday that Lafferty's views might be unpopular, extreme and eccentric, but they are not uncommon or delusional. He said Lafferty is simply part of a subculture and that there are clearly many who have similar beliefs.
Doctors have exaggerated the significance of Lafferty's "so-called revelations," Golding said. Lafferty simply wrote down what he believed were "inspired solutions" to problems.
"It wasn't like God was speaking to him and he was writing down God's words," Golding said.
Gardner testified that while Lafferty's religious views "are certainly his own," they are consistent with his family history and cultural background.
"There's no question about this, I think he is fully competent," Gardner said.
Gillett urged the court to find Lafferty incompetent to proceed with trial. Even though his religious views have calmed since he started taking medication, Gillett said Lafferty is still delusional because of his distrust for lawyers, judges and the legal system overall.
"His general ideas are not what a reasonable person would have," Gillett said.
Because of doctors' concerns that Lafferty may regress if housed at the Utah County Jail, Hansen ordered him held at the state hospital until attorneys, the court and sheriff's office can agree on a suitable housing situation.
Utah County will pay Esplin $100,000 to represent Lafferty. If Lafferty accepts a plea bargain prior to trial, Esplin must refund $50,000.
The Utah attorney general's office will prosecute the case because former Judge Cullen Y. Christensen ruled the Utah County attorney's office has a conflict of interest because several deputy attorneys once worked with Esplin.