Judge: Suspect still unfit to stand trial in 2010 murder case

Elizabeth Murray
Burlington Free Press

A Burlington murder case from 2010 will be stalled even longer after a judge determined the suspect remains mentally unfit to stand trial. 

Murder suspect Jose Pazos, 51, appears in Vermont Superior Court in Burlington on March 13, 2017. Pazos has been hospitalized for about three years in an effort to restore his competency.

Jose Pazos, 51, a transient man originally from Uruguay, will remain in the custody of the Vermont Department of Mental Health and will continue receiving treatment at the Vermont Psychiatric Care Hospital in Berlin until he can be found competent to stand trial, Judge James Crucitti ruled last week. The almost 7-year-old case has stalled for more than three years due to questions around Pazos' competency. 

Pazos has pleaded not guilty to premeditated murder, kidnapping, burglary and driving a car without the owner's consent in connection with the November 2010 slaying of Burlington social worker Kathleen Smith, 50. 

Chittenden County Deputy State's Attorney Justin Jiron said state prosecutors remain committed to pursuing the case despite the delays. He added that he's communicated with Smith's family members to discuss the judge's decision. 

"It's fair to say they were disappointed with the decision," Jiron said. 

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An attempt to reach members of Smith's family via email Tuesday was not immediately successful. Members of Smith's family attended the most recent competency hearings and had said they were hopeful that the case would move forward. 

Attempts to reach attorneys for Pazos also were unsuccessful Tuesday.

Crucitti's written decision weighs opposing opinions from offered by two psychiatrists during a multi-day hearing on Pazos' competency earlier this year. Although both doctors testified that Pazos' condition appeared to have improved with medication, Crucitti said he was not persuaded that Pazos has "a present ability to consult with his lawyer with a reasonable degree of rational understanding." 

One of the experts, Dr. Jonathan Weker, testified that Pazos still hopes to be able to defend himself in the case and present evidence about a Jewish conspiracy in Burlington that he believes relates to his case. 

"The defendant indicated that he had withheld information from his lawyer because of the possibility that he might end up representing himself, indicating that the attorney 'might disclose my ideas. I know he's not supposed to, but there's a chance,'" Crucitti wrote in his 12-page order. 

Homicide victim Kathleen Smith.

Crucitti said Pazos no longer includes his attorney and the court in his beliefs that there is a conspiracy against him. 

However, Crucitti wrote, "the court is not convinced by a preponderance of the evidence that the defendant has overcome his delusional beliefs and gained insight into his mental illness so that he is able to discuss his case with his attorney in a rational manner." 

Pazos originally had been found incompetent to stand trial in 2014, and he was ordered placed in the custody of the Department of Mental Health for hospitalization and treatment. Crucitti ruled last week that order should continue until Pazos can be found competent. He also asked that the Department of Mental Health provide updates on Pazos' condition at least every three months. 

If found guilty, Pazos faces 35 years to life in prison. 

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.