OBERLIN, Ohio — Days after a court appearance marked by bizarre behavior, the attorney representing a man charged with murdering his parents in Oberlin last week wants a judge to order an evaluation to see if Daniel Jones is competent to stand trial.
Jones' attorney filed that motion Wednesday morning, writing she has concerns about Jones' ability to meaningfully assist in his defense.
Attorney Jenifer Berki Merrill wrote those concerns are "based upon interactions and information obtained during the course of representation."
Jones faces murder, felonious assault and tampering with evidence charges connected to the shooting deaths of his father, Oberlin College Professor Pipo Nguyen-Duy and his stepmother Tran Thi Phong.
At his arraignment on the charges last week, Jones was carried into his arraignment last week after bailiffs said he refused to walk on his own.
During the court appearance, the 31-year-old at times alternated between crying and smiling at cameras.
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It's behavior that caught the attention of Case Western Reserve School of Law professor Michael Benza.
"The way he was interacting with the deputies, the way they were interacting with him, that sort of first thought was there's something wrong with this person," Benza said.
He says the red flags didn't stop there. In body camera footage, Jones is heard making claims about escaping a cult and "escaping bad people."
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Benza says there was also this revelation in court about what the prosecutor says Jones' mother told police.
"She's told them that he's currently psychotic and that he needs medication," prosecutor Zachary Simonoff said.
But there were other moments in court in which Jones clearly answered questions from the judge, telling her that he was currently unemployed but worked as a street musician, and asking if he would be represented by an attorney.
Benza says that doesn't necessarily mean he's fit to stand trial.
"Incompetency doesn't mean the person is catatonic," Benza said. "When you're doing a competency evaluation, you're looking at the entire scope of the person and what is their ability to understand the nature of the proceedings, what is their ability to work with their attorney?"
Jones' attorney has not responded to my messages trying to learn more about her concerns.
The Lorain County prosecutor's office hasn't answered my request asking for comment on the court filing.
As for next steps, Benza believes the judge will have little choice.
"The Constitution is pretty clear that, you know, if a defendant makes a credible showing of an issue of competency, the court must conduct the competency evaluations," Benza said.
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