FLOYD COUNTY, KY.–Former Prestonsburg Mayor Jerry Fannin has lost a bid for a second competency hearing in his federal theft case.
Attorneys for Fannin have argued all along that he is unable to assist in his defense, due to lingering effects from a pair of strokes in 2016. Earlier this year, he was found competent following an examination by a government psychologist. Attorneys asked the court to reconsider, presenting a statement from another psychologist. But yesterday, U.S. Magistrate Judge Edward B. Atkins ruled that the new report contained no information to suggest Fannin is incompetent. Fannin’s attorney, Ned Pillersdorf, says he intends to challenge that decision.
“We still believe that Mr. Fannin is incompetent to stand trial. He had two significant strokes and the last report we got back from the Neurologist was that he is unable to have a meaningful relationship with his lawyer, so we are going to appeal that ruling. Mr. Fannin has had two strokes. He is actually only a 60-year old man, but at this point he has been diagnosed as being senile so we continue to think he is not competent to stand trial and we will be appealing that ruling.”
Fannin is accused of diverting city and money to the former East Kentucky Drillers football franchise while he was mayor of Prestonsburg. He is scheduled to go to trial April 23rd.
