Competency hearing slated for murder defendant

Billy Hobbs, The Union-Recorder, Milledgeville, Ga.
·2 min read

Sep. 26—SPARTA, Ga. — A competency hearing is set for Monday morning in Hancock County Superior Court in Sparta for a defendant accused in the September 2020 stabbing death of another man.

Bernard Hall's murder trial is set to begin Tuesday morning with jury selection, The Union-Recorder has learned.

Brandi B. Boswell, who serves as judicial assistant to Ocmulgee Judicial Circuit Superior Court Chief Judge Brenda H. Trammell, said Friday via email that the competency hearing will be held Monday with the murder trial for the defendant starting Tuesday.

Hall was charged with malice murder, felony murder and aggravated assault in connection with the Sept. 6, 2020, death of Bradford Morris.

Nancee Tomlinson, who is representing Hall as his defense attorney, filed a motion for competency evaluation on Sept. 19, according to records filed in the Hancock County Superior Court Clerk's Office.

In the motion, Tomlinson, whose law office is located in Athens, cited the following reasons for the motion for a competency evaluation.

Those reasons include:

* Based on records from the Hancock County School District, Hall was diagnosed in 1997 with what was described as mild intellectual disability.

* The records reflect what Tomlinson described as a shift in diagnosis in 2004 that found Hall to suffer from a higher level of intellectual disability. At that time, it was said he had moderate intellectual disability.

* Hall was born prematurely and experienced a lack of oxygen around the time of birth. He weighed only three pounds when he was born.

* All of these factors weigh heavily on the question of competency and Hall's capacity to fully understand the proceedings against him, as well as his ability to competently assist counsel at trial. Further, his attorney said the factors impact whether he was competent at the time of these evens and understood the actions taken.

* Tomilnson also cited the 2005 case of Martin vs. Barrett, 279 Ga. 593, which stated, "Where a defense attorney has received information from a reliable source that his client has had a history of psychatric problems, but failed to adequately investigate this history, counsel failed to provide effective assistance."

* Another reason given was Hall's competency is in question. Counsel requests that the court order — a competency evaluation — be given to determine whether Hall is able to assist counsel.

* Hall has been incarcerated in the Hancock County Detention Center in Sparta since his arrest.

Tomlinson also pointed out in her motion that Ocmulgee Judicial Circuit Chief Assistant District Attorney Allison Mauldin and Assistant District Faith Worley were both been made aware of these matters prior to the motion filing.