WILKES-BARRE — Homicide suspect Joseph Alan Sarmiento sat with his head tilted looking up through a courtroom window as his attorneys, Cheryl Sobeski-Reedy and John Donovan, strongly argued for a second mental health evaluation for their client.
Sobeski-Reedy and Donovan presented a report from psychologist Dr. Richard E. Fischbein indicating Sarmiento, 40, is incompetent to face trial for the beating death of Helena Johnson, 38, whose body was found in a bathtub of a motel room at the Red Carpet Inn on North Church Street, Hazle Township, on June 4, 2021.
Sobeski-Reedy stated Fischbein opined Sarmiento is “not competent to understand the consequences” while seeking an independent evaluation from another psychologist with the Pennsylvania Department of Human Resources.
Luzerne County Judge Michael T. Vough denied the request following a brief motion’s hearing/status conference Wednesday.
“I see nothing new in Dr. Fischbein’s report,” Vough said in denying a second mental health evaluation for Sarmiento.
In early 2024, Fischbein and psychologist Dr. Michael E. Kessler issued reports giving the opinion Sarmiento is incompetent and suffers from delusional thinking, delusional disorder and psychotic illness.
Following a competency hearing in May 2024, Vough in June 2024, deemed Sarmiento competent to face trial.
During Wednesday’s proceeding, Sobeski-Reedy and Donovan submitted a second report from Fischbein regarding Sarmiento’s mental health.
Sobeski-Reedy previously stated Sarmiento believes Johnson was killed by “demons” and was “resurrected.
Pennsylvania Deputy Attorney General Brian M. Zarallo said he “did not find anything new” in Fischbein’s recent report compared to the psychologist’s report in early 2024.
Zarallo said he believes Sarmiento “understands” the criminal homicide charge against him as Sarmiento denied he killed Johnson. Zarallo further referred to Sarmiento’s interrogation with Pennsylvania State Police, Troop N, Trooper Kenneth L. Santos, where he competently answered questions.
A video recording of the interrogation was recently played for Vough during a previous motion’s hearing that involved efforts by Sobeski-Reedy and Donovan to exclude any and all statements Sarmiento provided to Santos.
Last week, Vough denied the request to exclude Sarmiento’s statements allowing Zarallo to present the recorded interrogation during trial.
Sarmiento’s trial is scheduled for late February before Vough.
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