GREEN BAY, WI (WTAQ-WLUK) — A psychiatric exam will be performed to see if there is support for the so-called insanity plea by a man charged with killing two of his relatives.
Oscar Lemus-Franco, 31, faces two counts of first-degree intentional homicide for the Sept. 28, 2020, incident at a residence on Clement Street. Gerson Alvarez-Franco and Jaime Lemus, both relatives of Lemus-Franco, were shot and killed. He has pleaded not guilty and not guilty by reason of mental disease or defect.
There are two interrelated, but separate, psychiatric issues in the case.
For the plea of not guilty by reason of mental disease, a psychiatric exam was ordered to determine if Lemus-Franco suffers from such a condition which would have prevented him from being able to discern right from wrong at the time of the offense.
During that review, the psychiatrist raised the issue of competency — that is, whether Lemus-Franco understands the court proceedings and can assist in his own defense. The review for the insanity plea was put on hold while it was determined Lemus-Franco is indeed competent to proceed.
In court Friday, the judge ordered the psychiatric exam on the insanity plea to resume.
A status conference is scheduled for March 6 to discuss the results. No trial date has been set.
Lemus-Franco also faces charges for allegedly stabbing a police officer in the face following his arrest. He remains in custody on a $1 million cash bond.
