FAYETTEVILLE, W.Va. - Eugene Blake claims he cannot remember the events of March 19, 1982, when he is alleged to have murdered Mark Withers in Bridgeport.
Blake appeared Friday before Fayette County Circuit Judge John Hatcher in what was supposed to be final approval of a governor's warrant to extradite Blake to Ohio to face murder charges.
Blake, 63, who is serving 15 years to life in the West Virginia penal system for the 1984 murder of 13-year-old Maryann Hope Helmbright in Wheeling, was indicted June 4 by a Belmont County grand jury for the Withers murder.
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Appearing in Fayette County, W.Va., Circuit Court on Friday with his attorney, chief public defender Nancy Fraley, is Eugene Blake, who was indicted in June for the March 19, 1982, murder of Mark Withers in Bridgeport.
On Sept. 9, West Virginia Gov. Joe Manchin signed the warrant authorizing an agreement with the state of Ohio for Blake's extradition.
Fayette County assistant public defender E. Scott Stanton asked Hatcher to order a psychological and psychiatric evaluation to determine if Blake was competent to assist in the preparation of a writ of habeas corpus challenging extradition.
"Based on what he has told me, I have become concerned it would not be in his best interest to waive extradition and to have us file a writ of habeas corpus on his behalf," Stanton said. "He has raised an issue I am very concerned about, particularly his competency to recall and remember events from as long ago as 1982."
Stanton said Blake may have a legitimate defense that he was not in Ohio at the time of the crime.
"I'm not sure, based on his competency, that I would be able to explore that possibility and I would ask the court to order an evaluation,"he said.
Hatcher granted the request for psychological and psychiatric evaluation.
Stanton also said he may raise procedural issues concerning the governor's warrant. Delivery of the warrant to Blake came into question during Friday's hearing.
Hatcher asked Assistant Fayette County Prosecutor Brian Parsons if Blake had been served the governor's warrant.
"Your honor, I don't believe so. In fact, I would say definitely no because the return of service line is blank," Parsons said.
On the day Manchin signed the warrant, the governor's deputy counsel, Jonathan Deem, said the warrant would be served on Blake at the Mount Olive Correctional Center within a couple days.
Hatcher ordered that Blake be taken to the sheriff's office immediately after the hearing and that the governor's warrant be served on him.
Following the hearing, Fayette County Chief Public Defender Nancy Fraley said the writ of habeas corpus would be limited to procedural matters concerning the governor's warrant, a determination that the accused is, in fact, the same Eugene Blake named in the Belmont County indictment and whether he was in Ohio at the time of the crime.
Asked why Blake had not been served with the governor's warrant, Fraley said, "I have no idea. It could be possibly because he has been in solitary confinement since being indicted and an officer of the court did not get to him."
Hatcher said because of a heavy criminal docket for the current term of court, he would not expect Blake's case to be heard before December or January.
Belmont County Prosecutor Chris Berhalter was not happy with the delay.
"This is totally not acceptable," he said when notified of the decision by telephone. "We will continue to use every means available to return Mr. Blake to Belmont County to answer these charges."