Attorney May Seek Insanity Plea in Rolfe Murder Case

Duane Rolfe entered Courtroom 4 Monday morning, unshaven and expressionless, his shoulders slightly hunched as he stood before Judge Diane Nicolosi for his arraignment.

It has been 100 days since Rolfe, 65, was arrested and charged with the murder of his sister, Judith Rolfe, 66, inside the Belmont Street home where they lived together. 

Rolfe was indicted April 16 by a Grand Jury on two counts of murder – first degree murder for purposely causing the death of his sister, Judith Rolfe, by striking her repeatedly with a blunt object; and second-degree murder for recklessly causing her death by "manifesting an extreme indifference to human life."

Public defender Timothy Landry told Nicolosi that an evaluation was underway by their expert, forensic psychologist Dr. Philip Kinsler, but that competency continued to be an issue in the case.  

Landry said he would like a second evaluation done closer to Rolfe's next court appearance. 

Associate Attorney General Benjamin Agati, representing the state, expressed some frustration in court that no written evaluation is available to date, and said after the arraignment that the state also plans to have its own competency evaluation done of Rolfe.

"It seems pretty clear [Landry's] asserted his client isn't necessarily competent. You can hear from the comments in court the evaluation was made back in January, but he doesn't have a written report yet. We'll be waiting to see what that was, and what that is and what he wants to say," Agati said.

"He also made it clear they want to be able to present an insanity defense during trial, and a lot of that is going to be dictated by what happens in that report, and what the evaluations are from experts in the next couple of weeks," Agati said.

Nicolosi gave Landry a deadline of May 7 to file a preliminary evaluation with the court.

Outside the courtroom Landry said doctors who have evaluated Rolfe believe he has "significant mental health issues" which are documented, and which lead directly to their assertion that Rolfe is incompetent to stand trial. He also said that Rolfe has recently begun a new medication regimen in prison.

Landry declined to elaborate on whether Rolfe clearly understands that his sister has been murdered, and that he stands accused of that crime.

Nicolosi asked that Rolfe's mental evaluation be completed by June 14 so that proceedings may continue. Landry also said he wanted to exercise Rolfe's right to a speedy trial, "within six to eight months." 

If Duane Rolfe is found to be competent to stand trial, Landry will be filing an insanity plea. If he is not found competent for trial, under state statute, it would then be determined if Rolfe should be committed to a mental institution.

When asked whether Rolfe has had visitation from family members while incarcerated, Landry said he was not aware of any such visits. 

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