The Boulder County DA's office has asked a judge to set the defendant in the King Soopers shooting for a competency hearing, citing concerns over his refusal to participate in treatment.
, and court documents released Tuesday indicated doctors determined such an examination was not necessary.
Prosecutors in the motion said updates from the state hospital indicate Alissa, “has repeatedly declined to attend group sessions, including programming specifically aimed at improving his functional abilities, and he has repeatedly failed to fully comply with the restoration process.” “These issues are relevant to the extent that they call into question the current capacity for treatment at CMHIP, as reflected in the failures to respond to the People, the inability and refusal to conduct the additional exam, and their diagnosis in this case and others in this jurisdiction,” the motion read.
“More important, the State does not specifically allege Mr. Alissa is competent. Rather, the State again presents argument that CMHIP restoration is ineffectual and that Mr. Alissa ‘could be feigning symptoms,’ his ‘symptomology could be unrelated’ to schizophrenia, and he might therefore be competent… These beliefs are based on conjecture and, in any event, are not evidence Mr. Alissa is competent.
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