Defense witness: Arson suspect not competent to waive rights
A psychologist testified Tuesday in Fayette County Court that Connellsville arson suspect Harry Collins is mildly mentally retarded and suffers from a psychotic disorder. Adam C. Sedlock Jr. also testified that Collins, 58, of 903 S. Pittsburgh St., strives to please people, and would have told authorities what they wanted to hear to gain their approval during seven interviews with various law enforcement officials.
Connellsville police arrested Collins earlier this year and charged him with four of the two dozen arsons that plagued the city for a year and a half. The arsons since have stopped.
But Sedlock, who has an East Fayette Street office in Uniontown, testified that even if Collins set the fires, it was unlikely that he knew right from wrong.
“Based on his intelligence level, it is difficult for him to understand societal rules and regulations,” Sedlock testified before Judge John F. Wagner Jr.
Collins’ attorney, Thomas W. Shaffer, is hoping Sedlock’s assessment will convince Wagner that Collins was not competent to waive his right to an attorney when police questioned him seven times about the arsons.
After Sedlock testified he did not believe Collins was competent, District Attorney Nancy D. Vernon asked Wagner for leave to have a commonwealth psychologist talk to Collins and see if his diagnosis was the same.
Wagner granted her request and Vernon can ask that the hearing be rescheduled once a prosecution expert weighs in on Collins’ competency.
At Tuesday’s hearing, Vernon presented Connellsville police officer and several agents from the federal Bureau of Alcohol, Tobacco and Firearms, all of whom were involved in various interviews with Collins.
One by one, each testified that Collins was told he could stop answering questions, but continued to speak with police, even seeking them out on one occasion to proclaim his innocence. Police indicated that Collins was read his Miranda rights before four of the seven interviews.
Each officer also testified that Collins appeared to understand his legal right to remain silent
Police allege he set fires at the Pujia Hair Salon on Church Place and an Arch Street apartment building on Nov. 29, 2004, a Race Street home on Aug. 16, 2004, and the Wesley United Methodist Church on Feb. 23.
He faces several counts of arson and risking a catastrophe.
Police first interviewed Collins the day of the fire at the Wesley United Methodist Church after a witness to the blaze described a man who fit Collins description at the scene.
Collins was not read his rights, Connellsville Police Sgt. Ronald Haggerty Jr. testified, and initially told police he was not near the church. Collins said later in that interview that he did walk past the church on the opposite side of the street, Haggerty testified.
As his discussions with police progressed – they interviewed him a total of six times – Collins continued to add details to where he was when the church was set on fire, Haggerty testified.
By the later interviews, Haggerty testified that Collins said he was across the street by the church, in the nearby alley where he handled the trash bag that arson investigators believe was used to start the fire.
Collins also let police in on his life, investigators testified.
Haggerty testified Collins said he only had a first-grade education, and was sent away by his mother at a young age. He also testified that Collins said he was around fire all of his life, as his grandparents and then a family that took him in died in a fire.
He also told police he had two personalities, Haggerty testified.
“He said the ‘Bad Harry’ sometimes does things to get the ‘Good Harry’ in trouble,” Haggerty testified.
Despite Collins’ statements to police that he had trouble remembering things, ATF Supervisory Agent James Tanda testified Collins seemed to remember things well, even back to his childhood – until Tanda talked to him about the fires.
“In nearly 17 years of experience, I thought it was convenient … to have a bad memory,” Tanda testified.
But Sedlock testified a test that measured Collins’ ability to recall information showed he trouble retaining both short- and long-term memories. The bad memory, coupled with Collins’ low intelligence level and a non-specific psychotic disorder, made it likely that he told police whatever they wanted to hear.
“I would be very difficult for Harry to understand what these individuals were trying to relate to him,” Sedlock testified. “Harry would tend to please whomever he was talking to.”
When Vernon asked if it Collins’ refusal to take a polygraph test was contrary to his people-pleasing personality, Sedlock testified he would have to hear the conversation between Collins and a state police trooper to know.
Trooper Anthony Guy was scheduled to give Collins what is commonly known as a lie detector test in March, but when Collins came to the barracks, he refused.
Although lie detector test results are not admissible in court, Guy testified he told Collins that it could help prove his innocence is he took the test. Collins still refused.
“I asked him how he thought he would do a polygraph test,” Guy testified. “He said ‘not good.'”
Although it was outside of the reason for the hearing, Sedlock testified that he believed Collins would be able to communicate with his attorney, but would have little understanding of what was going on during criminal proceedings.
Shaffer said after the hearing that he was going to await the outcome of the suppression hearing before he determines whether to ask a judge to declare Collins incompetent to stand trial.