ORLANDO, Fla. — Two and a half years after an Orange County 3-year-old died after being beaten and thrown down a hallway for drinking milk, the two women accused in his death have yet to go to trial.
Investigators said Xavier Mokarzel Satchel died in June 2017 after his mother’s roommates brutally punished him for drinking milk out the carton.
One of the women, Callene Barton, was deemed incompetent to stand trial, but prosecutors said they aren’t convinced.
The state attorney's office is arguing that Barton is faking it, and in new documents states that bringing in a new mental health expert can help prove it.
The documents state Barton has not been cooperating with doctors.
Assistant State Attorney Ryan Williams told the court: "I think we can all acknowledge that if you're her you would sit in the state hospital as opposed to facing the death penalty and that's a good reason to do that."
The results of Barton’s latest mental evaluation are expected to come out later this month.
Until now, that evaluation process has delayed the trial for Barton’s daughter, Lakesha Lewis, who is also accused in the toddler’s death.
The state attorney's office said it will discuss a trial date for Lewis on Friday.
Channel 9 legal analyst Bill Sheaffer said there’s no harm in the state and the defense having other experts in addition to the state mental health expert where she’s housed evaluate Barton.
Sheaffer said the court wants to get this right.
"If you get it wrong, she’s convicted the case will come back on appeal. You’ll be doing it all over again,” he said.
RELATED ARTICLES:
- Cellmate says woman accused of killing 3-year-old Xavier Mokarzel lied to deputies
- Orange County woman pleads guilty to child neglect in toddler son’s death
- $50K bond set for Orange County woman accused in 3-year-old’s beating death
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