After two unanswered petitions, homicide suspect files third motion for release
The attorney representing a mentally ill Fayette County man who has been under court supervision while awaiting trial for homicide is taking her petition to have the case dismissed before a judge again today, arguing each day he remains on an ankle bracelet is a violation of his rights.
Bernadette Tummons, who began representing 48-year-old Craig Geness in 2012, has appeared in court twice this year seeking a hearing in which prosecutors would be required to establish that there is enough evidence he’s responsible for the death of Ronald Fiffik to proceed to trial.
Tummons says she’s taking the matter before the court again because even after District Attorney Jack R. Heneks Jr. admitted at both hearings that there’s no direct evidence tying Geness to the incident, she still hasn’t received an order from the court either granting or denying her petition.
“I’m going in there because I still don’t have a decision,” Tummons said.
At the conclusion of a Nov. 10 hearing, Heneks indicated he would draft a request to nolle prosse, or decline to prosecute, the homicide charge, but that paperwork was never filed. Heneks also indicated at that hearing that he expected Tummons to file a petition for guardianship, in order to make sure Geness remained supervised, but she was not in agreement that her client required guardianship.
Geness was charged with killing 61-year-old Fiffik in 2006. Fiffik died from injuries allegedly sustained after he fell about five feet from a wall outside McVey Personal Care Home in Uniontown where both men were residents.
Police charged Geness after the owner of the personal care home said he saw Geness walking away from where Fiffik fell right after it happened. According to court records, Geness told police he heard voices that day, but when he gave that statement he was a patient at Highlands Hospital, having been involuntarily committed to the psychiatric ward.
Tummons contends the initial motion to release Geness from charges, filed in 2007 by Public Defender Jeffrey Whiteko, should not have been shelved due to the court’s finding that Geness was mentally incompetent.
On Aug. 22, 2007, Judge Ralph C. Warman, now retired, continued the hearing on the motion to dismiss for as long as Geness was to remain incompetent. It has never been determined by experts in mental health or the courts that Geness will ever be competent to stand trial, according to court records.
In the motion recent motion Tummons filed, she argued the hearing should have been held regardless of Geness’ competency at that point, to test the commonwealth’s evidence and determine whether his further detention was necessary or legal.
The motion also points out that the court has declined to address a request to release Geness from electronic monitoring, despite assurances that the issue would be dealt with. Currently the Fayette County Prison foots the cost of the ankle bracelet, according to court records.