McClanahan's Defense Claims Diminished Mental Capacity
An attorney for Anthony McClanahan, a former NFL football player charged with killing his wife in Park City last year, has given notice that he will claim "diminished mental capacity" for his client.
Given that, Third District Court Judge Patrick Corum on Monday ordered a medical examination for the defendant.
McClanahan, who played for the Dallas Cowboys in the 1990's was present for the short hearing. The 47-year-old defendant was transported from the Salt Lake jail where he is confined on another charge and spoke only when giving short answers to the judge.
Judge Corum ordered that an examination of his mental condition be done within 30 days by the state Department of Human Services.
Paul Quinlan, one of his court-appointed attorneys, said he filed the notice of Diminished Capacity on Monday. He said they will need background information from McClanahan's football career.
"It may take a little bit longer than usual due to the abundance of medical records that exist.” Quinlan said, “Mr. McClanahan has a long history of head injuries dating back to his time playing football at Washington State, he also played in Canada. There is going to be some, probably, issues in getting all of his treatment records from Canada."
Quinlan said that state had already been notified of the claim the defense was going to file. Deputy County Prosecutor Patricia Cassell said they will wait to see the report from DHS, and then will decide if they accept it or want to ask for their own evaluation.
Park City police report that on the morning of November 2nd of last year, McClanahan was seen crawling on the ground near the Park Regency Condos. He claimed that two or three men had attacked his family. His wife, 28-year-old "KC" McClanahan, was found in a condo, dead from multiple stab wounds to her neck. Police found no indication of assailants inside the condos.
Judge Corum asked McClanahan if he was willing to waive his right to a speedy trial.
"You do have a right to have a speedy trial.” Judge Corum explained, “This is a matter that has been set out for some time and there seems to be very good cause for setting it out but at the end of the day that's a right you have. Are you willing to, at least for this purpose, waive your right to a speedy trial so your attorneys can accomplish this investigation and look into these things on your behalf?"
McClanahan replied, "Yes"
The judge set November 26th for a review hearing--more than a year after McClanahan was first arrested.