Report: "He decided he was going to perform what he felt was a mercy killing."

By: KKCO Email
By: KKCO Email

The state mental evaluation of accused killer Allen Grabe says he's insane but prosecutors are asking for another evaluation.

Doctors at the State Mental Health Hospital in Pueblo say in the report: "He decided he was going to perform what he felt was a mercy killing."

Grabe underwent a mental evaluation earlier this year after police say he killed his son while he was sleeping. But prosecutors say key information is missing from the evaluation and want another one. The judge in the case has granted the request.

Prosecutors say it's unclear whether the state evaluation determined Grabe's insanity by reviewing facts from the case or from the actual interview with Grabe. They also say the doctors gave no analysis of the evaluation.

Grabe's defense had a mental evaluation performed and its findings differ from the state's evaluation. Prosecutors say there needs to be one agreeing evaluation. The state's evaluation says Grabe is insane but can form a culpable mental state. The defense's evaluation says Grabe is insane but he's incapable of telling the difference between right and wrong.

If the second evaluation comes back declaring Grabe insane and the prosecution accepts it, a Proforma Trial will be held. Since Grabe has already pleaded guilty, the trial would determine how long Grabe will spend at the State Mental Health Hospital in Pueblo. However, if the prosecution disagrees with the state's findings, the case will go to trial where the prosecution will have to prove Grabe's sanity.

A return hearing has been set for July 29.

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