Is Girls' Accused Murderer Fit for Trial?

ByABC News
July 28, 2004, 7:49 AM

O R E G O N   C I T Y, Ore., July 28, 2004 -- State psychiatrists have finished their mental evaluation of Ward Weaver, the man accused of killing two girls and burying them on his property, and their recommendation is in the hands of a Clackamas County judge.

Ward Weaver, 41, faces multiple counts of aggravated murder in the deaths of Ashley Pond, 12, and Miranda Gaddis, 13, two girls who lived in an apartment complex near Weaver's home and vanished two months apart in early 2002.

Both girls disappeared early in the morning, when they were on their way to school. Their bodies were found in August 2002, buried in the back yard of Weaver's property.

Clackamas County Circuit Judge Robert Herndon received the evaluation results late Monday afternoon and has not made a statement regarding the contents.

Reporters from ABC News affiliate KATU observed Weaver being transported to the Clackamas County jail shortly before 5 p.m. Tuesday, in preparation for a hearing with Herndon on his hospital evaluation. No date for the hearing has been announced.

Weaver, whose erratic behavior began even before the girls' bodies were found, when he called together reporters to announce that he was the prime suspect in the case, arrived at the jail in an unmarked car, wearing a full beard and long hair.

A person close to one of the victims' families told KATU that the state mental hospital evaluation recommends that Weaver is fit to stand trial. The court refused to either confirm or deny the recommendation.

The results of Weaver's evaluation will not be made public until the hearing in front of Clackamas County Judge Robert Herndon.

Once a date is set for the hearing, it will be up to Weaver's attorneys to accept Herndon's judgment or fight the hospital findings.

"The defense then has the right and the opportunity to cross-examine any and all experts that participated in the evaluation of Mr. Weaver, and contributed to the report," Oregon attorney Mike Shinn told KATU.

If Weaver is found fit to stand trial, he will remain in Clackamas County jail to face murder charges, and could be sentenced to death if he is found guilty on the most serious charges.