San Diego

Accused triple slayer Billy Ray Waldon sat mute on the witness stand Wednesday, refusing to answer any questions put to him during his mental competency trial.

Waldon, 34, was allowed to be called as a witness by the prosecution after the 4th District Court of Appeal ruled, 2-1, Tuesday that he could be called because the proceedings are civil in nature.

Waldon said he was refusing to answer any questions because he was denied “effective assistance of counsel.” Waldon has feuded with his attorneys and earlier tried unsuccessfully to act as his own attorney.

The sole issue in the jury trial before San Diego Superior Court Judge Jack Levitt is whether Waldon is mentally competent to stand trial for the 1985 slayings.

Waldon could face the death penalty if he is convicted of first-degree murder with special circumstances. He is charged with fatally shooting Dawn Ellerman, 43, and her daughter, Erin, 13, who died in an arson fire in their Del Mar home, and Charles Wells, 59, of University Heights.

Waldon refused to swear or affirm as part of being sworn in as a witness, refused to give his name or age, or answer any questions posed by Levitt and Deputy Dist. Atty. Charles Patrick.

The trial began Aug. 18 but recessed until Wednesday because the appellate court issued a stay on the proceedings until it could resolve the question of whether the prosecution could call Waldon as a witness.