Defendant Aaron Vargas to undergo psychiatric evaluation during murder trial

On February 5th there was a hearing in the murder case against Aaron Vargas. Vargas, a 32-year-old Fort Bragg resident, is accused of killing Darrell McNeill, the man who he claims sexually and psychologically abused him for many years. The purpose of the hearing was to address the motion that Assistant District Attorney Beth Norman filed last month which asked Judge Ron Brown to order Aaron to undergo a psychiatric examination by their expert, Dr. Emily Keram of Santa Rosa. The motion was prompted by Assembly Bill 1516, which went into effect on the first of this year. The bill requires the court to order (when the prosecution requests it) the defendant to submit to an examination by a prosecution-retained mental health expert whenever the defendant places his or her mental state in issue.

Defense attorney, Tom Hudson, objected to the motion and argued on the grounds that it violates Aaron’s Fifth Amendment rights against self-incrimination. Dr. Keram took the stand to testify as to why she believes it is important that she examine Vargas. While making an effort to not even so much as glance in the direction of the sexual abuse victim accused of murder, she argued that she couldn’t thoroughly rebut the psychiatric expert’s testimony for the defense if she hasn’t examined Vargas herself. Being that she hasn’t yet examined Vargas, she sounded very confident that she is going to form an opinion that will contradict the opinion of the defense’s expert – that opinion being that Vargas has PTSD caused by the many years of sexual and psychological abuse that was inflicted upon him by McNeill.

Mr. Hudson wanted to find out exactly what psychological tests his client would be given by Dr. Keram. He named the long list of tests that the defense’s expert has given Vargas. These tests, and maybe more, will be given to Vargas a second time by a second expert that the defense has retained. Dr. Keram continued to argue for her need to give Vargas these tests, to which Mr. Hudson replied, “Why, is three better than two?” Dr. Keram stammered, then she came up with the argument that reports from the two defense retained experts won't be sufficient because she would either need to examine Vargas herself or have a colleague who she knows will "call it like he sees it" examine him.

Judge Brown, reluctant to potentially violate Vargas's Fifth Amendment rights, came up with a way to get around the issue – let Dr. Keram examine Vargas after he waives his rights during the trial in order to testify.

Opening arguments in the trial begin on April 5th at the Ukiah Courthouse in courtroom B.