Byline: Kevin Vaughan Rocky Mountain News Staff Writer
JEFFERSON COUNTY -- A mother accused of killing her two children goes to court Monday, beginning a legal proceeding that experts said will hinge on her mental health.
Bethe Feltman remained under police guard Friday at Centura Health Porter Hospital in Denver, where she is undergoing a psychological evaluation. She has been charged with two counts of first-degree murder in the April 9 slayings of Ben, 3, and Moriah, 3 months.
``Unlike most cases, where some hedging of the bets is appropriate, I would say there's a 100-percent, take-it-to-the-bank guarantee that the sole defense at any trial will be mental status,'' said Denver attorney Scott Robinson.
Robinson said his belief is rooted in what he knows about the case.
According to court documents, Bethe Feltman had struggled with postpartum depression since the Moriah's birth New Year's Day.
Her husband, Wade, had come home April 9 to find both children dead and Bethe incoherent in the couple's Jefferson County home.
Coroner's investigators concluded that both children were given drugs, and that Ben was strangled and Moriah suffocated.
Bethe Feltman had spent time in the hospital in the week before the children were killed and was scheduled to see a doctor again the next day, according to court documents.
She is scheduled to appear in court at 1:30 p.m. Monday. There, her mental competency is expected to be raised. A judge will be asked to determine whether she is able to understand the proceedings and assist her lawyer, Craig Truman, in her defense.
Truman declined to discuss the details of the case.
If the court determines Feltman is not competent, the proceedings would be on hold until her competency is restored.
A separate issue would be her sanity when the killings occurred. If she were to plead not guilty by reason of insanity, she would likely undergo an extensive psychiatric evaluation.
``If she's ruled sane, the chances are great the defense will ask for a second opinion - 100 percent,'' Robinson said. ``But if she's ruled insane, it's not inconceivable that the district attorney . . . might accept that.''
In that case, Feltman would be sent to the state mental hospital until she could demonstrate she wasn't a threat.
The defense will push for a ruling of insanity, or at least ``diminished mental capacity,'' which means she didn't have the ability to intentionally kill someone after deliberation, Robinson predicted.
