A Cortez woman accused of fatally stabbing a man last year has waived her right to a speedy trial, again.<\/p>\n
Appearing via telephone, public defender Justin Bogan requested a continuance in the second-degree murder trial on Thursday, Dec. 18. He cited ongoing discussions with prosecutors to \u201cproblem solve\u201d the court\u2019s rejection last month to declare the defendant, Valerie Espinoza, 38, \u201clegally insane.\u201d<\/p>\n
After agreeing to waive her right to a speedy trial last week, Espinoza\u2019s case was continued until Jan. 22. District Court Judge Todd Plewe said the clock to the defendant\u2019s right to a speedy trial within six months would be reset.<\/p>\n
At question is a stipulated agreement entered between prosecutors and the defense on Nov. 13 that requested the court to rule that Espinoza was insane when she stabbed 62-year-old Charles Chaves with a butcher\u2019s knife on Sept. 19, 2013.<\/p>\n
A paid defense psychologist concluded that Espinoza was insane. But an evaluation by state psychologists ruled Espinoza wasn\u2019t insane.<\/p>\n
In his ruling against the stipulation, Plewe said he was uncomfortable making an insanity judgment because of conflicting reports among psychologist. He said a jury should decide the issue.<\/p>\n
A two-week jury trial was initially set to start Dec. 1.<\/p>\n
Court records reveal the victim suffered seven stab wounds to his upper body. A roommate reportedly discovered Chaves on his bed \u201cgasping for air,\u201d and told police he recovered a bloody butcher knife from the defendant before she left the scene.<\/p>\n
A psychologist at the Colorado Mental Health Institute in Pueblo diagnosed Espinoza with a substance-induced psychotic disorder related to years of methamphetamine use. Her psychotic symptoms reportedly dissipated after prescribed anti-psychotic mood-stabilizing medications.<\/p>\n
In July, the defense argued that Espinoza wasn\u2019t competent to stand trial. Plewe, however, ruled the defendant didn\u2019t have a mental disability that would prevent her from being able to rationally assist defense counsel.<\/p>\n