Experts debate Kapsa's competency

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buy this photo CASEY RIFFE/Gazette Staff
Linda Kapsa prepares to leave after court is adjourned Tuesday after a pretrial hearing. Judge Susan Watters said she would take under advisement a motion to declare Kapsa incompetent to stand trial. Kapsa is accused of aggravated animal cruelty.

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Kapsa competency hearing
Kapsa competency hearing
Two mental health experts give conflicting opinions about whether Linda Kapsa is competent to stand trial on charges of animal cruelty.

Two mental-health experts gave conflicting opinions Tuesday about whether Linda Kapsa is competent to stand trial on charges of aggravated animal cruelty.

Judge Susan Watters also heard testimony from several people involved in both seizures of dogs at Kapsa's Shady Lane Kennels, providing a glimpse of what jurors might hear if the criminal case goes to trial as scheduled on July 13.

The testimony came during defense motions to dismiss the charges against Kapsa, who prosecutors allege neglected hundreds of dogs and other animals on her 10-acre property near Ballantine.

At the close of the daylong hearing, Watters said she would take the defense motions under advisement, including a motion to declare Kapsa incompetent to stand trial.

The pretrial hearing Tuesday began with lengthy and conflicting testimony from the two mental-health experts who evaluated Kapsa.

Dr. Michael Butz, a Billings forensic psychologist for the defense, said his evaluation of Kapsa found that the 60-year-old woman suffers from severe depression with symptoms of paranoia and delusions. Butz told Watters that he does not believe Kapsa is competent for trial but that she could be treated with medications and rehabilitated.

Kapsa believes she has some "special mystical powers," Butz said, and that there is a conspiracy among county officials and her ex-husband to take her animals, Butz said. Kapsa stated that it was no one's business how she treated the animals on her property.

Kapsa feels she has a "special trust" with her animals, Butz said, and the dogs she breeds are "farm dogs, not pristine, prissy poodles."

Kapsa understands her property and home are a "mess," Butz said, but she explained that "sometimes you get so depressed ... I'm working on it."

Authorities who twice raided Kapsa's property in December described the floor of her trailer home as covered in dog feces, with several dog carcasses inside her living area. The dogs in her care were severely neglected, prosecutors allege. Kapsa has been charged with two felony counts of aggravated animal cruelty and four related misdemeanors.

The county seized more than 200 dogs from Kapsa on Dec. 30. Most of the dogs remain at the MetraPark fairgrounds. The cost of caring for them has exceeded $100,000.

Dr. William Stratford, a Missoula forensic psychiatrist for the prosecution, said Kapsa may suffer some symptoms of depression and personality disorders, but he said she is not mentally ill and is competent to stand trial.

Kapsa is "perfectly reasonable, perfectly rational," Stratford said.

"I think she's extremely competent," Stratford testified. "I don't think this is even a close call."

Kapsa was cooperative during a two-day evaluation process, Stratford told the judge, and understands the charges against her and the possible punishment. Kapsa also understands the judicial process and the role of each person plays in the criminal justice system.

Kapsa trusts her civil attorney, Liz Honaker, but does not have the same level of trust for her public defender, Moira D'Alton, Stratford said. But she also acknowledged that her lack of cooperation with D'Alton and the public defender's office has slowed their efforts to build her defense.

Several other witnesses testified, including John Fleming, an animal control officer for Yellowstone County who investigated complaints from Kapsa's neighbors. Fleming acknowledged that 13 dog carcasses found on Kapsa's property, including six puppies in a bag, decomposed before they could be tested when a storage freezer broke.

In court records, defense attorneys said the loss of evidence was done purposefully and should result in a dismissal of the charges against Kapsa.

The judge denied a new defense motion filed Tuesday afternoon seeking a change of venue.

Watters said it was her preference to try to seat a jury before considering whether it is necessary to hold the trial in another county. The judge suggested that 200 jurors be called for selection process, with half of the pool coming in the first day and the second half on the second day if a jury had not been selected. Most jury pools consist of about 60 people.

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