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Man accused of killing his wife has outburst in court

Prosecutor argues Stephen Schmidt is mentally fit

Schmidt

WAILUKU — At the mention of his confession to his teenage daughter, a murder suspect began swearing and yelling during a hearing Friday on his mental fitness to proceed to trial in the fatal stabbing of his estranged wife in the Kehalani Foodland store.

Stephen B. Schmidt had been sitting in the courtroom jury box with two sheriff’s deputies guarding him, as attorneys argued in the case.

Deputy Prosecutor Andrew Martin asked the court to find Schmidt mentally fit, saying that the defendant had pretended to be affected by mental illness during court-ordered examinations by three psychiatrists or psychologists.

While one doctor said Schmidt was unfit because of mental illness, another reported a strong suspicion that Schmidt was malingering, or faking, while presenting himself as unfit. A third doctor also strongly suspected malingering and couldn’t reach an opinion on Schmidt’s fitness because of his lack of cooperation, attorneys said.

Schmidt, 47, has pleaded not guilty to first-degree murder of 24-year-old Kehau Farias Schmidt. Her throat was slit in the Kehalani Foodland store while she was shopping with a friend the evening of April 19, 2016.

She had obtained a court order for protection that prohibited Schmidt from contacting her before he confronted her in the store.

Schmidt also has pleaded not guilty to attempted first-degree murder of bystanders who were stabbed and cut while trying to help Farias Schmidt.

“His actions in this case are abhorrent, but I disagree with the argument that they are sociopathic or clear evidence of psychosis,” Martin said. “He was goal-oriented. He had a clear and undeniable motive. He is seen on video and by witnesses stalking his victims. He flees the scene in an attempt to escape.”

Martin was describing how police pulled up at Schmidt’s residence in Kahului after the stabbing and heard him talking to his daughter.

Schmidt stood up and looked toward Martin, saying, “Hey, f— you. Don’t mention my daughter’s name. You punk. I don’t take sh– about my child.”

Second Circuit Judge Richard Bissen told Schmidt, “Sit down or you will be removed.”

Bissen also told Schmidt, “You’ve just made his point for him.”

After Schmidt stopped, Martin continued with his argument, recounting how police officers heard Schmidt tell his daughter “that he couldn’t take it anymore and he stabbed her.”

“Just a few hours later, he told police he had no idea what he had done,” Martin said. “The process had already started.”

Before Martin’s arguments, defense attorney Chris Dunn had asked that Schmidt be sent to the Hawaii State Hospital for further evaluation, saying he lacked the capacity to understand proceedings against him and assist in his defense in the most serious charge a person can face.

“He’s fairly consistent in every court appearance he has made,” Dunn said. “He’s vacant and flat in his affect. He’s virtually nonresponsive.”

Schmidt’s demeanor was described the same way when he was arrested, and the three psychiatrists or psychologists who interviewed him for court-ordered mental examinations reported he had no memory of the killing, Dunn said.

He said 200 to 300 pages of medical records dating to 1995 documented Schmidt’s “significant psychiatric history.”

Martin argued that the medical records don’t support one doctor’s opinion that Schmidt suffers from paranoid schizophrenia. The records show multiple trips to Maui Memorial Medical Center to obtain oxycontin and to the homeless resource center to obtain pain medication, Martin said.

After cooperating to some extent in the court-ordered mental evaluations and sitting through testimony by the doctors in court, Schmidt refused to submit to a second set of examinations, Martin said.

He said two doctors had the opinion that Schmidt was “feigning these symptoms, feigning this illness in an attempt to either delay or prevent this case from proceeding to trial.”

“It shows a sophistication that he is able to take steps to concoct a defense in a way that he believes will be beneficial,” Martin said. “It’s all been feigned for his own legal benefit.”

Dunn said that Schmidt’s medical records show that isn’t the case “unless he’s been setting up this defense for the last 23 years.”

At the Hawaii State Hospital, doctors would be able to further evaluate Schmidt beyond the three court-ordered examinations, Dunn said.

“It would give mental health professionals an opportunity to take a longitudinal look at Mr. Schmidt,” Dunn said.

He said that step wouldn’t be a final determination on Schmidt’s mental fitness. A return day could be set in three to six months for the state hospital to report back, Dunn said.

“He’s going to go from one secure state facility to another,” Dunn said. “The public’s going to be protected.”

He said it would be premature to find Schmidt mentally fit. “A finding of fitness becomes irreversible,” Dunn said.

After hearing the arguments Friday, Bissen said he would take the matter under advisement. He said he will issue findings on Schmidt’s mental fitness at a hearing Jan. 5.

Proceedings in Schmidt’s case had been suspended since October 2016 during the examination of his mental fitness. He is being held without bail at Maui Community Correctional Center.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.

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