Judge orders third evaluation

SANDPOINT — A Sandpoint woman accused of battering a city official is being given a third chance to undergo a mental health evaluation.

Rita Nancy Hutchens is accused of throwing an ink pen at a deputy clerk while researching her legal claims against the city last August. Hutchens denies the allegations and contends public officials are abusing their power by prosecuting her for the misdemeanor offense.

Hutchens, 57, has twice been ordered to submit to the evaluation and twice declined to participate in the evaluation. Hutchens was arrested on July 19 for willfully disregarding an earlier evaluation order and was released on July 22, according to court documents.

Judge Debra Heise issued a third order for Hutchens to be evaluated on July 29. If Hutchens fails to appear at the evaluation or participate in the interview, she will be jailed again and held until the examination can be done.

Bonner County Chief Deputy Prosecutor Shane Greenbank moved for the evaluation because of Hutchens’ behavior in and outside of court.

Heise found there was good cause to doubt Hutchens’ fitness to proceed and granted the motion.

“At this time, Defendant is continuing to exhibit unusual behaviors and affects — both in court and in her court filings,” Heise said in the latest evaluation order.

Heise noted that Hutchens has expressed a high degree of confusion over the criminal charge she faces, in addition to court procedure and processes.

Hutchens has also refused to identify herself in court, battered Greenbank when he attempted to serve court documents on her, refused to accept discovery documents while demanding the case be dismissed because she hasn’t received those records, Heise said in the order.

Hutchens was to be tried in Bonner County Magistrate Court on July 25, but the proceeding was postponed. A new trial date is pending.

A public defender who successfully defended Hutchens in a police obstruction case has been appointed to represent her. Hutchens was wrongfully arrested for asserting her Fifth Amendment right in a 2011 stalking investigation, an incident which Hutchens is seeking damages against the city for.

Hutchens is also also awaiting trial on a misdemeanor drug paraphernalia possession charge.