DA hopes to commit Cozad

By Jessica Musicar, Staff Writer
Thursday, May 21, 2009 | No comments posted.

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COQUILLE - Coos County's district attorney aims to place Henry Cozad in a mental facility for at least a year if he can't pursue murder charges. The DA says the 18-year-old, who has a mental condition described as mental retardation with moderate autism, will likely be unfit for trial or other criminal proceedings.

"Our position is, he should be committed," said District Attorney R. Paul Frasier. "Assuming the allegations of the homicide are true and we have someone with obvious severe mental difficulties ... his needs need to be met but the public needs to be protected."

The defendant is accused of beating to death his father's girlfriend, Linda S. Foley, on March 12. Last year an instructional assistant with the South Coast Education Service District said the teen choked him.

Wednesday morning, circuit Judge Martin Stone scheduled hearings for June 10 and 12 to determine whether the Bunker Hill man should be unconditionally released, handed over to a guardian or sent to a secure mental facility. Stone also arraigned Cozad on a petition for an involuntary commitment, while the defendant watched with public defenders Carole Hamilton and John Meynink via a video conference from the Coos County jail library.

At the June 10 hearing, the judge will decide whether criminal proceedings can continue by finally determining Cozad's competency. The defendant spent the past six weeks at the Oregon State Hospital for treatment and evaluation of his ability to aid in his own defense.

"I guess you can assume by the fact that we are seeking an involuntary commitment that the issue of him aiding and assisting is in doubt," Frasier said.

The DA said he plans to bring forth 35 witnesses for the two-day hearing. In the meantime, Frasier said he's awaiting a report from a court-appointed investigator regarding whether Cozad needs to be committed.

He explained that involuntary commitments are fairly common in Coos County. His office deals with such cases about twice a month. The procedure in Oregon is meant to commit people with mental illnesses who are considered a danger to themselves or others, or who can't take care of their basic needs.

"In essence, what you're trying to do is force them into treatment so that their needs are taken care of and the community at large is protected from them," Frasier said.

If Cozad is committed, Frasier said, it would be at a secure facility for a year, which could renewed indefinitely. However, he said he's working with Rep. Arnie Roblan on a legislative fix that would extend such commitments to three years. He noted that he's not sure exactly where Cozad will go, but he believes it will not be local.

"It needs to be a facility where the people can adequately deal with Henry," Frasier said, describing the 235-pound, 5-foot-10-inch man as a big boy.

Cozad could be unconditionally released or given to a guardian, the DA said he'd be unlikely to return to the care of his father, Fred Cozad Jr. The elder Cozad is facing a charge of first-degree criminal mistreatment stemming from the conditions in which his son lived at the time of Foley's death.

Frasier said he could not comment on the related case.

However, "given what occurred allegedly, I don't think conditionally releasing Henry to Fred is appropriate."
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