BIRMINGHAM, Ala.—A man facing a potential death penalty in the killing of three people who were shot at an Alabama church dinner in June is fighting a court-ordered mental evaluation requested by prosecutors.
Robert Findlay Smith, 70, hasn’t told a court he plans to use a defense of insanity or mental illness and shouldn’t have to undergo psychological testing at a state facility unless he does so, the defense argued in a brief objection filed Friday.
Circuit Judge Teresa Pulliam, who approved prosecutors’ request for an outpatient mental evaluation the day before, hadn’t ruled on Smith’s motion on Monday. Pulliam’s order said she had received information indicating the man may not be able to help with his defense….