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Originally published Tuesday, March 17, 2009 at 10:53 AM

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Judge orders Ore. teen charged with murder to undergo evaluation

A teenager with severe autism who is accused of fatally beating his father's girlfriend has been ordered to undergo a mental evaluation.

COQUILLE, Ore. —

A teenager with severe autism who is accused of fatally beating his father's girlfriend has been ordered to undergo a mental evaluation.

A Coos County judge ordered the evaluation Monday to see whether 18-year-old Henry Cozad understands the murder charges he faces, and can assist in his defense.

District Attorney Paul Frasier, who interviewed Cozad after the bludgeoning, said the defendant isn't likely to be declared fit to stand trial.

"It appeared to me he clearly had some mental deficiencies," Frasier said. "It would not surprise me if he's found not competent to proceed."

Foley, 59, was living with Cozad and his father, Fred.

Autopsy results released Monday show she died of internal bleeding caused by severe blunt-force trauma, consistent with being forcefully struck with a hand, and was hit on the head, throat, chest and abdomen, according to the district attorney's office.

Cozad was being held at the Coos County jail. If the court-ordered evaluation finds him unfit for trial, he will be sent to the Oregon State Hospital.

The state would be responsible for rehabilitating Cozad in order to prepare him to face the murder charges, Frasier said, and the longest he could be held at the hospital is three years.

But if the state determines Cozad will never be competent, the district attorney's office would be forced to dismiss the charges and Cozad would be released without supervision, Frasier said.

"There's a big hole in our system," Frasier said.

A civil commitment would be a possibility if Cozad were determined to be incompetent, but the state would have to prove Cozad needed to be hospitalized and seek renewal every six months, Frasier said.

Copyright © 2009 The Seattle Times Company

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