Hearing Today : Doctor Finds Artukovic Incompetent

In an apparent setback for government efforts to extradite Andrija Artukovic to Yugoslavia on war crimes charges, a court-appointed psychiatrist on Tuesday found the 85-year-old former Croatian government official mentally incompetent.

Dr. John M. Stalberg reported in a letter to U.S. Magistrate Volney V. Brown Jr., who is presiding over the extradition hearing, that Artukovic is not now capable of withstanding “any legal proceeding, especially as lengthy and complicated as this.”

Brown ordered Stalberg’s examination of Artukovic after ruling Jan. 8 that he needed additional evidence on Artukovic’s mental condition because of contradictions between the findings of an earlier government psychiatric study and the testimony of medical experts on Artukovic’s behalf.

Mass Murders

Stalberg said he had examined Artukovic, who is charged with complicity in the mass murder of 770,000 Serbs, Jews and Gypsies in Croatia during World War II, on Jan. 21 and again last Friday at Long Beach Naval Hospital. Artukovic, a Seal Beach resident, is being held in federal custody without bail at the hospital.

Stalberg reported that Artukovic appeared to be incompetent during the first meeting, but was “markedly improved” on the second examination. As a result of the two meetings, Stalberg concluded that Artukovic is unable to maintain a predictable level of mental competence for any long period of time.

“At the time of my initial examination, he was not able to give his address, the name of the hospital, why he was there, unable to state why he was going to court, and when pressed to guess the year, answered ‘1020,’ ” Stalberg reported.

“He was unable to add 2 plus 2, saying it equaled 3,” the Santa Monica psychiatrist continued. “He claimed to know nothing about Yugoslavia wanting him back from the United States. On one occasion, he began speaking apparent Croatian. He did not know the identity of the President or governor. In essence, he was suffering from depression, probably caused by Parkinson’s disease and dementia.”

Stalberg’s findings contradict the earlier report of Dr. Saul J. Faerstein, who examined Artukovic last Dec. 27. Faerstein said Artukovic, who is legally blind, suffered memory loss and periods of confusion but nonetheless had a “rational and factual” understanding of the charges he faces in Yugoslavia’s request for extradition.

At a competency hearing Jan. 8, Faerstein’s original finding also had been disputed by Dr. David Gottlieb, a defense psychiatrist. Dr. William Hitrec, personal physician to Artukovic, also testified that besides his mental problems, Artukovic has a heart condition that could be fatal.

Also testifying earlier to Artukovic’s inability to assist in his defense was former Superior Court Judge Philip Newman, who examined Artukovic as a defense expert on legal competency. He said Artukovic cannot even remember his attorney’s name.

After the Jan. 8 hearing, Brown said he could not find Artukovic competent to assist in his own defense. He then said he would name another psychiatrist, Stalberg, to conduct a second government examination of Artukovic.

Stalberg’s report was filed in time for a hearing, scheduled this morning before Brown, to decide the issue of mental competency.

Assistant U.S. Atty. David Nimmer refused to comment on the significance of the new psychiatric report, but Gary B. Fleischman, one of Artukovic’s lawyers, said it justifies defense arguments that the extradition proceedings should be dropped.

While concluding that Artukovic is not currently able to withstand an extradition hearing, Stalberg said it should be “underscored” that with proper treatment Artukovic could be “rendered mentally competent.”

Fleischman, saying he could not anticipate Brown’s reaction to the report, said it was possible the government might seek a delay in the proceedings in the hope that Artukovic’s mental condition will improve.

Nimmer has argued that the question of competency is not a valid concern in an extradition hearing. While Brown ruled against him on that issue Jan. 8, Nimmer has asked the magistrate to reconsider his position in today’s hearing.

Artukovic’s son, Rad, who has campaigned for his father’s release, said he was “gratified” at Stalberg’s report.

“He’s saying exactly what we’ve known all along,” he said. “I hope now that the proceeding will be stopped, and that they will let my father come home.”