COQUILLE - It's off to the state hospital for Henry L. Cozad, where doctors will decide if the murder suspect will ever be fit to stand trial.

At this point, according to Coos County District Attorney R. Paul Frasier and a Bandon psychiatrist's report, it doesn't seem likely.

"I'd be surprised," Frasier said. "This is a permanent disability. He's had it since the day he was born."

A letter from Dr. Gregory A. Aitchison, who evaluated the 18-year-old, states he has a mental defect considered to be mental retardation with moderate autism. He also stated that Cozad has an estimated I.Q. of 70. The Bandon psychiatrist spent one hour last Tuesday with the defendant in his cell at the Coos County jail.

"Following this, it is my determination that because of Mr. Henry Cozad's mental defect ... he is unable to understand the nature of the proceedings against him or to assist and cooperate with you, his counsel, as well as he is not able to participate in his own defense," Aitchison wrote.

During an arraignment hearing for Cozad on Monday afternoon, Coos County Circuit Court Judge Martin Stone arraigned the Bunker Hill man on a grand jury murder indictment, entered a not-guilty plea and signed a motion to commit him to the Oregon State Hospital for evaluation and treatment. Cozad appeared for the hearing with public defenders Carole Hamilton and John Meynink via a live video conference broadcast from the jail library. Dressed in a blue jail jumpsuit, Cozad sat without shackles or handcuffs, and often made arm gestures toward his attorneys and a deputy who stood in the background. Fred Cozad, Henry's father, attended the hearing but didn't comment.

Sheriff's deputies arrested Cozad on March 12 at the home he shared with Fred Cozad and his girlfriend Linda S. Foley, after they discovered her half-naked, beaten body inside.

Once Cozad is transported to the hospital within a week, personnel have 90 days to evaluate his mental state and submit a report to the court assessing his ability to stand trial. If the immediate evaluation finds he can't, Cozad would be returned to Coos County, where the case likely would be dismissed, Frasier said.

"If they think they can work with him, then they can keep him for up to three years," he explained.

When those three years are up, if Cozad remains unfit for trial, the case would be dropped.

Should the DA dismiss the murder charge, he said he'll likely pursue a civil commitment for Cozad at the state hospital, a facility like it or possibly through the Department of Human Services. The civil commitment process, which can be initiated by the DA, a police officer, family members or doctors, includes two steps.

First, one must prove to a judge that Cozad has a mental problem or disability. Secondly, it must be shown the disability makes him a danger to himself or others, or that he can't take care of his basic needs.

A civil commitment would be done at the state hospital or one of its facilities. It would last 180 days but could be renewed indefinitely. If the DA were to commit Cozad to DHS, the teen could be placed at a group home for a year - also renewable - however, there would be no guarantee that it would be a secure facility. Frasier noted that most civil commitments do not involve people who have committed crimes.

"This is not a perfect situation for this type of case, but we're dealing with someone with a permanent disability," Frasier said.

The district attorney said he and the defense are attempting to secure Cozad's medical records via subpoena to shed more light on his background. He said that because the defendant is an adult, his father can't sign over the records. At the same time, because Cozad is considered incompetent, he can't give consent either. The judge approved a motion by the defense to get the records via subpoena by April 27.