DOVER — A judge is to determine whether a man accused of sexually assaulting a woman at Emery Farm and committing a string of armed robberies in the Tri-City region last March is competent to stand trial.
Joshua Flynn, 47, who is representing himself in a trial scheduled for early spring, told Strafford County Superior Court Judge Steven Houran at a competency hearing on Friday that he is competent to stand trial. Assistant Strafford County Attorney Joachim Barth who is prosecuting the case also argued that Flynn was competent, as did an expert witness from the state’s Office of the Forensic Examiner.
However, it is up to Houran to determine Flynn’s competency, and he said he hopes to make a ruling by early next week. Being competent to stand trial means the defendant understands the court proceedings and is capable of assisting in their defense.
Flynn has pleaded not guilty to the 17 felonies changes a grand jury indicted him on in May. The charges include three counts of aggravated felonious sexual assault and three counts of kidnapping stemming from alleged incidents at Emery Farm on March 10. The remaining robbery and theft charges are elevated charges, as the Strafford County Attorney’s office alleges Flynn committed the acts as a major source of livelihood. Elevated charges come with longer maximum prison sentences.
Last fall, Flynn had his appointed lawyers removed from the case so he could represent himself against the charges. His former attorneys, Brett Newkirk and Lauren Prusiner, remain on Flynn’s standby counsel.
Barth said after the hearing that he filed a motion to determine competency so it could not be brought up as an issue as the case proceeds.
Flynn’s final pre-trial hearing is scheduled for March 7 and jury selection is scheduled for March 20. If Houran determines Flynn to be competent, then the court will entertain numerous motions that Flynn has filed in the past couple of months.