Suspect's competency debated
ERIE - Mental health experts disagreed over whether an Erie woman, charged with masterminding an elaborate bank robbery that ended with the death of a pizza deliveryman who was wearing a bomb around his neck, is competent to stand trial.
And as Marjorie Diehl-Armstrong, 60, ranted about her innocence during a brief recess at Monday's competency hearing, the victim's sister told Diehl-Armstrong she believed her to be innocent in Brian Wells' death.
"The real killers are still out there," Jean Heid said before being escorted from the courtroom by U.S. Marshals.
Wells, 46, told police he was forced at gunpoint to wear a bomb around his neck and rob the PNC Bank outside Erie nearly six years ago. As officers waited for a bomb squad, the device exploded, killing him. Wells was named as an unindicted coconspirator, but his family maintains he is innocent.
Authorities contend Diehl-Armstrong planned to use the bank money to hire someone to kill her father because of an inheritance dispute.
Although Diehl-Armstrong had been diagnosed with bipolar disorder, government witness Dr. Leslie Powers testified she did not see the defendant display symptoms that would meet the criteria during four months of observation at a federal prison in Texas.
Powers acknowledged under cross-examination there is no cure for bipolar disorder and said she could not discount past diagnoses. She told U.S. District Judge Sean McLaughlin people diagnosed with bipolar disorder can be in remission for months.
Powers diagnosed Diehl-Armstrong as having a borderline personality disorder with narcissistic and paranoid traits but said that does not mean she is incompetent. Diehl-Armstrong can be loud, obnoxious and arrogant and believes she is all-knowing, but those are features of her personality, not a mental illness, Powers said.
A defense psychiatrist testified Diehl-Armstrong does have bipolar disorder along with the personality disorder and is incompetent to stand trial because she cannot cooperate with her attorney.
Diehl-Armstrong has complained about her attorney, Thomas Patton, saying he is involved in a conspiracy against her.
Defense psychiatrist Dr. Robert Sadoff, who has been involved with Diehl-Armstrong's criminal matters for years, said she is a "very complex person."
While she is very bright, he said, she also is hurting her case by not cooperating with Patton. She insists, Sadoff said, she knows best how to defend her case. Diehl-Armstrong also maintains she is not mentally ill.
Replacing Patton with another attorney might help, Sadoff said, but he also felt she was likely to have problems with any attorney.
At a hearing in July, McLaughlin sided with defense witnesses and found Diehl-Armstrong incompetent. He ordered she undergo treatment in hopes that she would become competent.
Diehl-Armstrong and Kenneth Barnes were indicted in July 2007 on bank robbery, conspiracy and a firearms violation in the August 2003 robbery that left Wells dead.
Barnes pleaded guilty in September to his role and is serving a 45-year prison sentence.
Diehl-Armstrong is serving seven to 20 years in state prison after pleading guilty but mentally ill to killing her boyfriend, James Roden, 45, in 2003. Prosecutors said she killed Roden because she feared he would tell authorities of the bank robbery plot.
