Envelope, Please

Dr. Lishan Wang, who is accused of gunning down a former colleague, Dr. Vanjinder Toor, outside his Branford condo nearly five years ago, learned yesterday that his most recent mental competency report had been filed with the court. 

Superior Court Judge Patrick J. Clifford held a short status hearing for Dr. Wang yesterday because the trial judge in the case is on vacation this month. It was at this hearing that Dr. Wang learned his competency report had been finished and filed with the judge. The report will be a determining factor in whether or not Dr. Wang continues to represent himself at his upcoming murder trial. 

The trial judge, Superior Court Judge Thomas V. O’Keefe, Jr.,had ordered a new mental competency report last month after Thomas J. Ullmann, the head of New Haven’s public defender’s office, asked Judge O’Keefe to revoke Dr. Wang’s status to represent himself at trial — and to substitute Ullmann instead.

Ullmann’s motion to revoke Dr. Wang’s pro se status argues that Dr. Wang is not mentally able to mount a trial, a process that requires articulating one defense over another, calling the best witnesses, understanding trial strategy and understanding the role of his opponent, in this case, the state of Connecticut. Dr. Wang said he is capable of doing so.

Ullmann’s motion to represent Dr. Wang at trial is pending and will not be decided until Dr. Wang’s competency hearing is held early next month.

In his motion, Ullmann said that allowing Dr. Wang to continue representing himself would be a violation of federal and state law. Ullmann has argued that there is a difference between a person being competent to stand trial and a person actually representing himself at trial. Ullmann cited a U.S. Supreme Court case in which the high court found one can be minimally competent to stand trial (that is, the defendant understands the charges against him and can assist his counsel) but can also lack ​“the mental capacity to conduct his trial defense unless represented.” In a separate case, the Connecticut State Supreme Court case came to the same conclusion.

Ullmann was in court yesterday, acting as Dr. Wang’s stand-by attorney. He told the court that Dr. Wang’s prior stand-by attorney, Jeffrey La Pierre, was on military assignment for one year. ​“His last day was yesterday,” Ullmann told the court, adding that ​“I am taking over as stand-by.” A special public defender is slated to act as Dr. Wang’s stand-by attorney but he has not yet been formally appointed. Click here to read a prior story. 

Dr. Wang underwent competency examinations in 2011 and after a previous judge, Roland D. Fasano found he was competent to stand trial, Dr. Wang fired his public defenders and took over his representation himself. 

Judge O’Keefe will hold the competency hearing on April 6, 7 and 8 in New Haven Superior Court. 

Judge Clifford told Dr. Wang that the competency report was finished and had been sealed. It is not available to the public, he added.

Judge Clifford then told Dr. Wang that he was entitled to his competency report. A court officer delivered the report to Dr. Wang, who stood at the defense table. He was wearing his orange prison jump-suit, the dress of a prisoner as opposed to street clothes which he is permitted to wear before his trial judge and eventually his jury. 

When Dr. Wang saw the pages of the report, he quickly asked the judge, ​“Can we put this in an envelope, please?” Judge Clifford, who presided over the pre-trial phase of this case, explained to Dr. Wang that the report was confidential. 

Dr. Wang smiled. ​“Ah, you are worried about someone seeing it,” the judge said, perhaps a court officer or marshal or someone escorting Dr. Wang back to prison. Dr. Wang nodded.

The judge then asked his guards to find an envelope for Dr. Wang’s report. 

“Envelope granted,” the judge said.
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