After a Monday morning session in Otter Tail County District Court Judge Barbara Hanson set a 3:15 p.m. review hearing on Jan. 16 for Anthony Dale Randklev.
Otter Tail County prosecutor Michelle Eldien requested the session on Monday in order to get the process moving toward a criminal prosecution of Randklev. Defense counsel was also present for Monday’s session.
If Randklev is unable to attend the hearing in Fergus Falls a communications link to his location would be established.
Randklev was charged on July 24, 2018, with eight felonies including three counts of first-degree criminal sexual conduct, kidnapping, first-degree burglary, unlawful possession of a firearm by a felon, false imprisonment and fleeing.
The criminal sexual conduct charges each carry a maximum sentence of 30 years. The kidnapping charge allows for a maximum sentence of 40 years imprisonment. The burglary charge has a prison term of up to 20 years.
During the court session Monday at which Randklev was not present, Eldien pointed out to the judge that the opinion of the state was that “we’re basically in a limbo state where nothing is happening.”
According to court records, the 41-year-old Randklev has been held since July 26 at Anoka Metro Regional Treatment Center where he is under civil commitment as mentally ill, chemically dependent and in need of involuntary treatment.
Dr. Thea Rothman concluded in her evaluation April 25, 2019, that Randklev was competent. Rothman’s findings were based on police documents, Randklev’s prior medical records and a forensic interview with Randklev.
An objection to Rothman’s report prompted the court to allow Randklev’s request for a second examination on July 16, 2019.
In his second evaluation, Randklev was examined by Dr. Stephanie Bruss at Anoka Metro Regional Treatment Center. A Sept. 12 evaluation report by Bruss concluded Randklev was incompetent.
A provision of the competency evaluation is that a defendant shall not be permitted to enter a plea or be sentenced for any offense if the “defendant lacks sufficient ability to consult with defense counsel with a reasonable degree of rational understanding.”
At the contested competency hearing in October, the state did not contest the findings of Bruss’ report but did request that Randklev be transported to the Minnesota Security Hospital Hickory Unit in St. Peter to begin competency restoration.
State law allows that if competency is restored “the criminal proceedings must resume.”
Trials set for Bishop, Hillman
Jury trials have been scheduled in the cases of Bobbie Christine Bishop and William Lynn Hillman.
Bishop is charged with murder in the second degree, manslaughter in the first and second degree and malicious punishment of a child in connection with the death of 6-year-old Justis Burland on April 9, 2018, in Fergus Falls.
Bishop’s jury trial is set to begin Jan. 28 before Judge Barbara Hanson.
Hillman has been facing two counts of second-degree murder after an April 17, 2018, incident at a rural residence between Perham and Frazee. Hillman is accused of murdering Denise McFadzen and her son, Dalton.
Hillman’s trial is scheduled to begin March 30 before Judge Kevin Miller.
Trial dates have been delayed by competency evaluations of both defendants.