Since January of this year, he has been confined to Summit Behavioral Healthcare in Cincinnati, where he’s received treatment for delusional disorder.
Marlow, who was present for his Friday morning hearing, sat quietly at the defendant’s desk, occasionally taking notes and speaking with his lawyer, as defense attorneys and prosecutors presented arguments before Montgomery County Judge Dennis Adkins.
The two sides argued over whether or not Marlow’s competency can be restored within the one-year statutory limit and further whether the court should pursue either civil commitment or continued court jurisdiction over the matter.
While Dr. April Sutton, a forensic psychologist at Summit, determined in a May report that Marlow had been restored to competency, even despite ongoing delusions, she has since contended otherwise.
Based on her most recent evaluation of Marlow, Sutton opines the defendant’s condition worsened from May to November, despite medication adjustments, and that he now remains incompetent to stand trial.
Sutton further testified during Friday’s hearing that she does not believe Marlow can be restored to competency within the one-year limit, which expires Jan. 17, at the earliest.
Despite continued treatment at Summit, which has included antipsychotic medications and group sessions, Marlow’s delusions have persisted, and have even become more entrenched, Sutton testified.
Also in question is when Marlow’s one-year treatment window expires.
Prosecutors argued because Marlow has refused to fully engage in his treatment regimen, occasionally declining to participate in individual psychotherapy and competency restoration groups recommended by his treatment team, that the time to restore should be tolled until he does so for one year.
Prosecutors further asked the court to consider moving Marlow to a different state-run medical facility if further competency restoration is deemed necessary.
The defense, however, says Marlow continues to suffer from delusions, which themselves may be impacting his compliance with treatment protocols.
Judge Adkins said he will consider both arguments, with a decision expected early next week.
Families of the four victims were present during Friday’s hearing, including Brett Anderson, whose wife Sarah and daughter Kayla were killed in the 2022 shootings.
Anderson expressed some frustration following the hearing, but declined to comment on the proceedings.
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