STAMFORD -- The mental health of a 76-year-old Pemberwick man charged in the September 2008 slaying of his ex-daughter-in-law was called into question again Wednesday in state Superior Court.Although a resolution in the case of Gerardo Lombardi is expected by the end of the month, public defender Howard Ehring said more tests may be needed to determine whether the case is able to proceed.
"I have been in discussions with (the prosecutor)," Ehring said in court. "He is aware of the direction we are heading in with some evaluations."
The judge agreed Wednesday to continue the case until July 6, when the prosecutor would be back from a different trial.
Ehring said after the hearing that, due to Lombardi's age, the defense is still trying to determine whether he is able to assist in his own defense.
"We will probably do another evaluation," said Ehring.
Lombardi was arrested and charged with murder Sept. 4, 2008, after Alison McKnight was found shot and stabbed to death in the backyard of the Nicholas Avenue home she rented out to tenants.
Since his arraignment, Lombardi's competency has been called into question. But after several months of treatment the court in April ruled prosecutors could move forward with the case, until coming to a standstill Wednesday.
Attorney Lindy Urso, of Stamford, who is not affiliated with the case, said defendants can be sent for competency evaluations countless times if they do not understand the charges against them or are unable to assist in their own defense.
"There is no limit on how many times he could be evaluated," said Urso.
Although treatment helped restore competency earlier this year, if Lombardi is deemed permanently incompetent to stand trial, he could be sent to a psychiatric hospital for life or released, although release would be rare, Urso said.
"And if any time during that period he is determined to be competent, they can reinstate the prosecution," said Urso.
Another possible defense strategy, Urso said, would be to pursue an extreme emotional disturbance case, or insanity plea, arguing that Lombardi is mentally insane. That could also result in Lombardi being checked into a psychiatric facility for life, Urso said."If he's got this many competency evaluations, perhaps this is something the defense should consider," said Urso.
Family members of the victim said they are anxious to see justice served.
"We would just like this to be over and see justice," said Michele Damberg, sister of McKnight. "I don't really care where he goes, whether it be a psychiatric jail or a state prison, as long as he never sets foot in freedom again."
Police said Lombardi and McKnight had a property dispute over 36 Nicholas Ave., where McKnight was attacked in the backyard. McKnight had arrived with surveyors that day planning to erect a fence at the home, which she rented out to tenants, police said. Lombardi was apprehended minutes after neighbors reported gunfire and police said they found him with a knife in one hand and a gun in the other. Prosecutors also said Lombardi confessed on tape to the killing after the incident.
McKnight's family said Lombardi had no right to become angry over the fence because McKnight was the sole owner of the property and Lombardi was living as a tenant in his son's home next door at 38 Nicholas Ave.
"If he was disputing this, he was doing it on his own," said Damberg, noting that her sister had discussed putting up the fence to give her tenant more privacy.
Damberg said she believes Lombardi isin his right mind because of the thought that went into the crime.
"He trespassed on her property and savagely murdered her," said Damberg. "He was not crazy. He was in enough of his right mind to take a gun, put bullets in it and take a back-up weapon."
Damberg said her family hopes the case can be resolved soon in order to find some type of peace from the tragedy.
"Until this is finished and over, we can't make that first step into accepting this," Damberg said.
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