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Weatherly man's trial on hold in death of patient

The trial of a man charged in connection with the death of a nursing home patient has been put on indefinite hold after the presiding judge took the advice of a consulting psychologist that the defendant is incompetent to stand trial.

Carl Smith, 55, of Weatherly, will be placed in the Wernersville State Hospital in Berks County according to an order by presiding Judge Joseph J. Matika.Matika made the decision following a hearing Tuesday afternoon in which Dr. Frank Dattilio, a forensic psychologist, said that Smith has dementia that will only get worse to the point that he will enter a vegetative state.Dattilio testified at the hearing by phone in Matika’s courtroom.Matika held a competency hearing on June 17. At the time court-appointed defense attorney Stephen Vlossak argued that his client could not assist him in preparing for trial on in any aspect of the case due to his deteriorating mental condition.Matika also received a report from Dattilio, who has examined Smith twice, concerning his dementia and mental health.Matika then issued an order to have a second hearing after he reviewed the report submitted at the competency hearing because he had further questions for Dattilio before making a ruling on Vlossak’s petition.Smith has been charged with shoving Margaret Lechleitner, 85, to the floor on April 30, 2013, at the Weatherwood Nursing and Rehabilitation Center in Weatherly. She struck her head and died the following day.Following an autopsy her death was ruled a homicide and Weatherly police investigated.Police filed charges of involuntary manslaughter, simple assault and reckless endangerment against Smith on May 17, 2013. Smith has been in the county prison since his arrest,about three years.Smith and the victim were residents at Weatherwood when a fire occurred on the day of the incident.During an evacuation of the facility due to the fire and while patients were returning, Smith and Lechleitner became involved in an argument, police said. The argument led to Smith shoving Lechleitner.Matika, who said he will issue a formal order and decision later, said Smith will undergo yearly competency evaluations.He said if Smith regains his health the case will be reopened. However, Dattilio stated he believes Smith’s condition will not improve but only get worse.Dattilio told Matika that Wernersville was the best place to address Smith’s needs.He said placing him in another nursing home could lead to Smith harming another resident.