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Unwilling Defendant Ordered To Take Drugs That May Make Him Competent

April 22, 1989

................................................................................ (AP) _ A man accused of clubbing his mother with a crowbar and then stabbing her to death in a cocaine frenzy has been ordered to take powerful drugs that may make him competent to stand trial.

Charles Moore, 29, who shouted and cursed when Circuit Judge Robert Carney issued the order Thursday, has the right to be spared ″thought-manipulat ing″ drugs, argued his lawyer, Ryal Gaudiosi.

But Carney sided with state psychiatrists who said Moore’s mental health probably would not improve without the drugs.

If after five years Moore still is not mentally competent to go to trial, criminal charges against him may have to be dropped, prosecutors said.

Moore was charged with first-degree murder and two counts of attempted first-degree murder after attacking his mother, his nephew and a passerby in April 1988. Police said he clubbed his mother with a crowbar before stabbing her, then attacked the others with the crowbar.

Carney ruled that Moore was mentally incompetent to stand trial, and he was taken for treatment to the state-run South Florida Evaluation and Treatment Center in Miami in September.

The state Department of Health and Rehabilitative Services asked Carney on Thursday for the authority to make Moore take anti-psychotic drugs aimed at altering his behavior.

Dr. Andrew Perfilio, a psychiatrist who has been treating Moore, told Carney that he wants to give Moore the drugs Trilafon and Cogentin.

The first is an anti-psychotic drug; the second is to counter possible side effects of Trilafon, such as dry mouth, blurred vision, drooling, involuntary muscle movements and even glaucoma.

Moore loudly opposed taking the drugs.

″I’ve done the best I can without any medicine,″ he told the court. ″I feel like they’re trying to kill me. My behavior has been been outstanding since I’ve been in there. If you want to see me worse than what I am, then bring the medicine to me.″

But Perfilio said the proposed medication is ″the cornerstone of his treatment. The longer he is delusional, the more likely it will become permanent and fixed.″

That prospect, coupled with the potential that the state may have to drop charges, makes the medicine necessary, argued Assistant State Attorney Pete LaPorte.

Carney agreed to order Moore to take the drugs for three months, then report back to him.

″The benefits far outweigh whatever disadvantages there may be to the treatment,″ Carney said.

Moore, who was handcuffed and wore leg shackles, remained unconvinced. ″I’m not voluntarily taking any drugs,″ he insisted. ″I don’t even take ... aspirin.″

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