An attorney for a Baton Rouge man accused of killing his 76-year-old grandfather in 2009 told a judge Tuesday the man needs to be re-examined to determine if he is competent to stand trial on a first-degree murder charge.
Lance Unglesby, one of Dustin Musso’s attorneys, told state District Judge Mike Erwin he has “new and expanded” medical information to provide to the court, and he requested an additional three weeks to supplement the record.
Erwin scheduled a status hearing for Aug. 6. He also appointed two psychiatrists to re-examine Musso, 32, and tentatively set a sanity hearing for Jan. 14.
Prosecutor Charles Grey said he will push at the August hearing for a trial date in mid- to late-2013.
At a previous sanity hearing on Oct. 13, 2010, Erwin found Musso competent after two psychiatrists testified they found no evidence of mental disease or defect in Musso but said he has an antisocial personality disorder. One of the psychiatrists described the disorder as severe. The other psychiatrist said Musso can be manipulative.
Musso wore a mask during the 2010 hearing to prevent him from spitting. He wore no such mask in court Tuesday.
Unglesby was tight-lipped after Tuesday’s hearing, saying, “I don’t think it’s appropriate that I comment.”
He added that the supplemented record will “speak for itself.”
Unglesby also declined to discuss a Feb. 10 incident at East Baton Rouge Parish Prison in which Sheriff’s Office officials say Musso allegedly cut another inmate’s throat with a razor. Musso spit on two detectives when they tried to question him about the cutting, sheriff’s spokeswoman Casey Rayborn Hicks has said.
Musso was booked on attempted second-degree murder and two counts of battery on an officer after the incident.
East Baton Rouge Parish District Attorney Hillar Moore III said Tuesday his office still intends to seek the death penalty if Musso is convicted of first-degree murder in the killing of Peter Musso.
The younger Musso is accused of killing his grandfather, setting the elder Musso’s Glenda Drive home on fire and stealing his car.
Peter Musso’s body was discovered May 5, 2009, by firefighters while they put out a fire at his home. Police have said investigators believe the fire was set to cover up Musso’s death.
Although he died of smoke inhalation, an autopsy showed the elder Musso suffered trauma to his head, police stated.
Dustin Musso was sentenced to four years in prison in 1999 for stealing his grandmother’s car from the same Glenda Drive home, court records show.
Musso’s attorneys have said previously that he was in 23 foster homes starting at the age of 3 and has had a “troubled” and “tortured” life.