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Court awaits psychological evaluation in Calhoun case

The mental competence of Clinton Calhoun, who may seek a new trial on attempted rape and battery charges, will be tested.

Calhoun, a 31-year-old son of Kings County's head prosecutor, appeared in court Friday accompanied by his new defense attorney, Donna Tarter. During the brief proceedings, it came to light that the court is waiting for a psychological evaluation on Calhoun.

In January, Calhoun was found guilty of attempted rape and battery stemming from a 2007 incident with a young woman in the Hanford Mall parking lot. But he dismissed his previous attorney in February and acquired Tarter as a new attorney to pursue a new trial.

While his sentence has been delayed, Calhoun now awaits his psychiatric evaluation.

This means that the defense has filed a written notice per Penal Code Section 1368, alleging that Calhoun is mentally incompetent. At stake is the legal validity of the entire conviction.

If sentenced, Calhoun could face a maximum of six years in state prison.

The case has been on hold since February.

On Friday, Judge Edward Lacy Jr. told attorneys that the last hearing was delayed because Laura Geiger, a court-appointed clinical psychologist, was ill and could not complete the report. This time, the case is being delayed because "no one bothered to contact her" and make her file the report in time.

Tarter told Lacy that Calhoun has yet to be examined, but the report will be done within two weeks.

Lacy set the next hearing for July 25.

Calhoun remains in custody while he awaits his new psychiatric examination to test his mental competence in committing the alleged crime.

"We're still waiting for the doctor's report," said Deputy Attorney General Leanne LeMon. "Right now, the criminal proceedings are being suspended. We're waiting to find out whether or not he is competent. At the next hearing we should have the doctor's report."

Tarter was not available for comment after the hearing Friday. She did not return phone calls.

The reporter can be reached at 583-2429.

(July 12, 2008)

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The following are comments from the readers. In no way do they represent the views of the Hanford Sentinel

McFly wrote on Jul 12, 2008 10:12 AM:

" He KNEW what he was doing! "

Hatred wrote on Jul 12, 2008 2:38 PM:

" You can bet Donna Tarter and his dad cooked this one up. She has been carrying the D.A. for years. "

friday wrote on Jul 12, 2008 3:08 PM:

" Nice to do the trial on Friday where no one may hear about it. How can he not be mentally stable to stand trial, obviously he was smart enough to fire his attroney after he was found guilty. Now it will take longer for his trial, and he will get jail time credit. GOOD JOB DADDY!!!! Lets get real here. "

ALEJANDRO wrote on Jul 12, 2008 5:44 PM:

" Ahhhh,

The old 'I was insane when I dropped my pants' defense...classic!

Did anyone "bother" to tell his first lawyer that his client was incompetent at the time?

Since when is a clinical psychologist a 'doctor' who can legally diagnose mental illness and competence?

Wait - we have that we have the new Coalinga State Hospital for sex offenders within a convenient 45 minute drive. So close by for the family and friends . . .

Anyone else see this end-run coming?

Our legal system works in strange and mysterious ways; jurisprudence at its finest! "

Sneaky wrote on Jul 12, 2008 6:32 PM:

" someone told him to delay delay delay?? I wonder who that could be?????? Ron?? "

Ho.Ho.Ho. wrote on Jul 12, 2008 7:45 PM:

" This case is fishy and seemed to me a frame-up right from the start. The District Attorney is hated for good reasons. Targeting the son might be a consequence of the lack of justice in Kings County and the frame machine at the Kings County Courthouse and District Attorney's office and police. Police lie with impunity and frame people and beat them up and no one cares. Maybe the women were paid to get even with the DA's son. That is my take on this, right or wrong. "

Crazy Like a Fox wrote on Jul 12, 2008 11:04 PM:

" Sounds like daddy, Ron, is giving free legal advice to Clint. The longer he stays in the county jail the shorter his time will be in a state prison. He knew exactly what he was doing. "

wonder wrote on Jul 13, 2008 6:09 PM:

" why did Kings County waste tax money on a trial. Now he will probably just go to a mental hosp for evaluation. be found sane in about 6 months and be out and about again. Sounds to me like he is crazy like a fox. How about it Ms. Attorney General lets get a grip on this suituation. "

strange wrote on Jul 13, 2008 6:51 PM:

" i think the guy should get a new trial. i don,t he is guilty "

To Vengence Seekers wrote on Jul 15, 2008 7:10 PM:

" You all talk like you have first hand knowledge of the facts in and around this case. Everyone wants to throw their stone and most of you don't have a clue about the circumstances surrounding the case. Instead of being such hate mongers, why not educate yourselves? Let the process take its place and oh...ho,ho,ho, the DA is loved and repected by many people in this county for the job that he and his staff are at task to do. Check your hatred with the man in the mirror. "

Alan G. wrote on Jul 15, 2008 7:42 PM:

" I always thought that competency issues were supposed to be brought up prior to the actual trial. Is this a case of not winning on the first defense strategy and now he's trying for a do-over? I think it's pretty obvious that county jail time is preferable to prison time (unless you're in LA County jail). By stretching this out, he's basically burning up his time in county jail and when he is sentenced, he'll get credit for time served and reduce the amount of time he has to actually spend with the bad boys. "

Ashley wrote on Jul 16, 2008 12:12 PM:

" Right, wrong, or indifferent Ron Calhoun is not doing anything different for his son that ANY parent who could, wouldn't do for theirs; hiring the best lawyers, using various strategies to keep his child out of state prison, etc. - it just happens that he is the D.A. He has the knowledge and the financial resources that many parents wish they had in a situation such as this, how is that his or his son's fault? There are many wealthy people including celebrities who have the financial resources to hire lawyers and use the legal system to their advantage; never doing a day in jail for their crimes. Ultimatley this case will run it's course through that legal system and young Mr. Calhoun will have to serve the sentence he is handed. "

Watchdog Fred wrote on Jul 16, 2008 12:18 PM:

" "We're still waiting for the doctor's report," said Deputy Attorney General Leanne LeMon. "Right now, the criminal proceedings are being suspended.
Why are they suspended, sentence him and let the shrinks who work in the prisons figure out his mental status. If he was coherent enough to ask for another trial after he lost the first one, sounds like he is thinking pretty clearly to me. What was the rape thing temporary he doesn't have those urges anymore, yeah right, it only happens when he eats oysters. Come on give me a break, this is so riddled with special treatment and kid glove handling and is purely being orchestrated from the very man who said he wasn resusing himself. What so he could become part of the Defense Team?
I've said all along this is a waste of county taxpayers money. His time should be covered by the State of California in a high security prison environment. Not at a newly constructed club house that goes on hunger strikes, while ordering junk food from a vendor in Fresno. He is getting off with it again, folks. Mental yes but insane? "

Alan G. wrote on Jul 16, 2008 12:24 PM:

" To "To Vengeance Seekers" - I'm sorry, but wasn't there just a very public trial and conviction in this case? Are you aware of facts or evidence that weren't submitted during trial? If so, please say so. I thought that both sides presented their cases, so wouldn't that count as "letting the process take it's place"? I can't imagine that the son of a D.A. would have less than adequate counsel who would have failed to raise this issue during the first trial, if it were a viable defense strategy.

I'm just sayin'... "

Watchdog Fred wrote on Jul 16, 2008 12:26 PM:

" I assure you had any other person in this county been held to trial and was simply awaiting sentencing, they would not be granted a new trial. If this judge does this, or decides he is mentally incompetent to stand trial then I hope he is locked away for the rest of his natural life. Because Mentally Incmpetent Rapists, don't belong in society.
Ron, I hope you are ready to retire you just sunk any hope of reelection in this county. I supported you and your wife all the way through this until now.
My advice to you is get him sentenced and send him where he can get help that you and your family cannot provide for him. You are currently by your actions or inaction as a prosecutor enabling him to believe meth isn't his problem. Your son is guilty of a series of bad choices just like many other lifetime criminals are, you before anyone else should recognize this and move to correct it. Who's going to do this for him when you aren't alive to do it anymore, ask yourself that question, eventually he will face prison time. "

Former Hanford resident wrote on Jul 18, 2008 1:06 PM:

" This whole thing is so tragic and it only goes to prove how things can go so wrong, so quickly because of the way parents mishandle giving their kids everything that they want in life and letting them think that it's okay to make a wrong decision now and then in life. What about those kids from the ghetto that don't have anyone on their side? And you wonder why we keep building more prisons than schools. This must be the end of days like the saying goes. "

To Strange and Ho.Ho.Ho. wrote on Jul 25, 2008 3:57 PM:

" You have no idea what my family, close friends, and I have been through. Thank God that between all the court dates and this unfortunate situation that I have experienced, I have finished college and have earned my state license as a Registered Nurse. Not only am I doing this for myself, but I'm doing this for the whole community. Just as I was unfortunate to be a target, it could have been anyone else. "

Navy guy from the mall wrote on Aug 2, 2008 9:17 AM:

" I still feel bad you had to experience what happened. But I'm glad my friends and I were in the right place at the right time to help you that day, and hearing that you have been able to move on from all that has happened in the past year and a half is awesome. Congratulations on finishing college and your RN license. Keep up the motivation, you have a good future ahead. "




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