HILO (HawaiiNewsNow) – UFC Hall of Famer BJ Penn will soon be taking on a different kind of fitness challenge.
A state psychologist will determine if the MMA legend is mentally fit and penal responsible for multiple criminal charges against him including abuse of a family member, refusing to comply with a police officer and violating a temporary restraining order.
“With the fitness to proceed examinations, the examiner is trying to determine whether or not the person, the individual, understands what they’re being accused of or what they’re being charged with, and then also whether or not they can assist in their own defense,” said legal analyst Gina Gormley.
Gormley is not associated with any of Penn’s cases.
She said there could be multiple outcomes.
“In the case of penal responsibility, the examiner is there to determine whether or not the person or the individual had the cognitive capacity at the time of the alleged offense,” Gormley said.
The doctor could determine if Penn is fit to proceed. In that case, the criminal cases will continue.
If Penn is deemed not fit to proceed, he will be committed to the custody of the state and be placed in an appropriate facility for treatment.
If the examiner finds Penn is not penal responsible but fit to proceed, Penn could potentially use that as a defense if his case goes to trial. If it does, a judge or jury could either find Penn guilty, not guilty, or not guilty by reason of insanity.
Both Penn and his attorney tried to convince the judge not to order the exam.
“Maybe on three occasions you said, ‘Mr. Penn, I know you’re a smart man. I just think that you should get a lawyer because of all the different legal stuff,’” said Penn. “So, how did I go from a smart man to taking a mental health examination?”
Penn’s attorney said there is no factual basis for a mental health exam.
“I’m asking the court to just place most, if not all, weight on what happens in court versus what the prosecutor is relying on, which seems to me, the bulk of it at least, seems to be social media posts,” said Alan Komagome.
Penn has posted videos on his Instagram page wearing a wig and claiming his mother is an imposter.
The Hilo businesswoman Lorraine Shin, 79, claims her son has been diagnosed with Capgras syndrome.
“Just trust this process Mr. Penn, it will work,” said Judge Peter Kubota.
Penn is currently out on bail.
He is due back in court on Jan. 9 to discuss the psychologist’s findings.
The exam will be sealed.
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