| An accused Oroville
child molester released from custody by error was Tuesday
committed to Napa State Hospital after being found mentally
incompetent to stand trial. Erbie James Bostian could face a
possible life sentence if eventually convicted of the sex
crimes charged against him. On Tuesday, assigned Superior
Court Judge William Lamb ordered criminal proceedings
suspended and had Bostian committed to Napa, one of four
locked state psychiatric hospitals. Under California law, if
the accused child molester remains incapable of understanding
the criminal charges or competently assisting in his defense
after three years of hospitalization, he would be placed under
a county conservatorship, according to his attorney, Dennis
Hoptowit. Bostian was being held on multiple charges of
aggravated sexual assault and lewd acts upon a 7-year-old
Oroville girl, when he was released from custody last summer
due to a court clerical error, which incorrectly listed his
$360,000 bail at $36,000. It was only after Bostian showed up
in court in civilian clothes several months later that the
mistake was detected and he was returned to custody. Last
month, the accused Oroville molester was determined to be
mentally incompetent to stand trial based on the findings of a
court-appointed psychiatrist. At his commitment hearing
Tuesday, the judge admonished Bostian to continue taking his
medication to help restore him to competency. I always take my
medicine when my doctor tells me to, the defendant replied.
Because California state hospitals are currently at or near
capacity and there is no secure facility locally for holding
such persons for extended periods, mentally incompetent
defendants sometimes wait weeks or even months in a special
segregation section of the Butte County Jail before they are
transferred to an institution. Terry Vau Dell can be reached
at 534-3408. |
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