CLEVELAND- An appeals court ruled suspected serial killer Michael Madison should have a psychiatric evaluation by an expert for the prosecution.
Madison could face the death penalty if convicted of killing three women.
Madison had fought an earlier ruling by a judge who said he should have the psych evaluation done. The judge said the exam must be limited to questions about brain damage, it could only be used in any penalty phase of the trial and it could not include questioning about the facts of the case.
But the appeals court issued a ruling Thursday morning agreeing with that judge’s order.
“For more than 16 months, the State has wanted to bring justice to the families of Michael Madison’s victims. Until now, those efforts have been stymied by the unprecedented delay tactics of Madison’s defense team and its junk science theories and Madison’s discredited, novel claim of brain damage,” prosecutor Tim McGinty wrote in court documents.
Doctors for the defense, according to court papers, had found Madison had experienced “extreme trauma and abuse” as a child. However, Madison’s legal team had said it only plans to talk about this if Madison gets convicted and does face the death penalty.
The Cuyahoga County Prosecutor’s Office requested a trial date of Dec. 7.