ALFRED — Three psychologists have now given three different opinions on whether a 76-year-old Biddeford man accused of killing two teenagers is mentally competent to stand trial.

James Pak, who has pleaded not guilty by reason of insanity to two counts of murder and other charges, appeared Wednesday in York County Superior Court for a second competency hearing, which picked up where the first one left off Feb. 19.

One psychologist testified that Pak appears competent to stand trial, another found him to be incompetent and the third said he is unsure.

Justice John O’Neil Jr.’s ruling on the question will determine whether Pak stands trial for the deaths of Derrick Thompson, 19, and Alivia Welch, 18.

Police say Pak fatally shot Thompson and Welch on Dec. 29, 2012, in the apartment that he rented to Thompson and his mother, Susan Johnson, 46, after a dispute over parking. Johnson was also shot but survived and called 911. Police had been called to the home earlier, but left just minutes before Pak allegedly shot the three, deciding that the landlord-tenant dispute was under control.

Pak’s attorneys, Joel Vincent and Lawrence Goodglass, had planned to testify about their difficulties working with Pak, trying to explain the legal proceedings and getting him to understand what was happening. But the judge said that posed legal questions too complex to resolve Wednesday and requested a hearing next month with them and Assistant Attorney General Leane Zainea, who is prosecuting the case.

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O’Neil said that, for Vincent and Goodglass to testify, Pak would have to waive his right to client-attorney confidentiality, but it’s unclear whether Pak is competent to do that. O’Neil also said that if the attorneys testify about their own client, they may be disqualified from representing him if the case proceeds.

Whether the attorneys testify or not, O’Neil said he will ask the defense and prosecution to submit their arguments on Pak’s competency in writing before he makes a ruling.

Unless O’Neil finds one psychologist’s testimony more compelling than another’s, he will have to weigh conflicting opinions from expert witnesses.

Psychologist Kerry Drach testified at the first hearing that Pak showed signs of possible dementia, did not seem to understand the gravity of the charges against him, and had limited ability to grasp complex court proceedings.

But Drach said his exams of Pak in 2013 were inconclusive. He recommended that Pak undergo more tests regarding his competency and whether he suffers from dementia.

The second psychologist, Robert Riley, testified that he examined Pak twice in 2014 and found him competent to stand trial and showing no signs of dementia.

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“I would say his thoughts were well organized and coherent,” Riley said Wednesday, continuing his testimony that began in February.

The third psychologist, Melvyn Attfield, testified that he interviewed Pak four times at the York County Jail in Alfred and disagreed with Riley’s conclusions. Attfield, who was hired by Pak’s attorneys, said he found Pak was mentally impaired and had only the equivalent of a first-grade reading level.

“I think he has some difficulty comprehending what is going on,” Attfield said.

Drach and Riley do court-ordered work for the State Forensic Service and testified as witnesses for the prosecution. Attfield does private psychological work and consulting.

The murder case against Pak drew increased attention because Thompson, Welch and Johnson were shot just minutes after Biddeford police left the tenants’ apartment. Court documents say Pak waited for police to leave, got a gun, opened the door to the apartment and said: “I am going to shoot you. I am going to shoot you all.”

He shot Johnson first, then Thompson, then Welch, court documents say.

Johnson suffered gunshot wounds to the back and an arm. The two teenagers were dead by the time emergency responders arrived.

In addition to two counts of murder, Pak is charged with attempted murder, one count of elevated aggravated assault and burglary. He has remained in custody since his arrest on the day of the shootings.


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