The Captain America actress who was accused of fatally stabbing her mother will not go on trial for the crime — at least for now.
Mollie Fitzgerald, 40, was determined not to be competent to stand trial by a judge late last month, TMZ reported on Sunday.
Though the actress admitting to killing her mother, she claimed to have stabbed her in ‘self defense,’ court records indicate.
Trial on hold: Mollie Fitzgerald, 40, who briefly appeared in 2011’s Captain America, was found not to be competent to stand trial by the judge overseeing her case late last month, TMZ reported on Sunday
Jason Billam, Fitzgerald’s attorney, told the publication that his client will be returning to a mental hospital to resume treatment following the judge’s ruling.
However, she could find herself back on trial in the future, as the court will reassess her mental state and progress every 90 days.
If she’s found to be competent at a future date, the trial could resume.
Fitzgerald’s attorney says that three physicians specializing in mental health spoke before the court, and the judge ultimately took the advice of two of the three who determined that the actress couldn’t properly assist Billam in defending her.
The doctors also told the court that she didn’t understand the legal process she was wrapped up in.
Billam says his client understands that the roles of the defense, prosecution and the judge, as well as the crime that she’s charged with, but he claims she doesn’t understand the workings of her trial.
Brutal crime: Fitzgerald, 38, was charged with fatally stabbing her 68-year-old mother Patricia ‘Tee’ Fitzgerald (pictured) at her home in Olathe, Kansas on December 20
Fitzgerald was charged with fatally stabbing her mother Patricia ‘Tee’ Fitzgerald, 68, at her home in Olathe, Kansas on December 20, 2019.
She told police and 911 dispatchers after the bloody attack that her mother had tried to kill her, according to court records.
Patricia’s autopsy, however, found no evidence that her mother had ever been in control of a knife and that the woman had suffered ‘defensive injuries.’
When police arrived at the home, they found Patricia lying dead near the front door with a knife in her back.
Fitzgerald told authorities that her mother had lunged at her with the knife and that she hit her with a vacuum part to disarm her.
Future evaluations: According to Fitzgerald’s lawyer, she’ll return to a mental hospital and be evaluated every 90 days to see if she’s competent to stand trial. He claims she understands the charges but not the legal process
During the struggle, Fitzgerald claims she grabbed the knife and stabbed her mother.
‘[Fitzgerald] said her mother just would not stop trying to take the knife to kill her, so she had to kill her mom,’ the arrest affidavit said.
Police said they found signs of a struggle inside the home, including an overturned chair and broken lamp.
Fitzgerald, who was still at the scene when police arrived, was taken to hospital for treatment on minor injuries.
She had cuts on the palms of her hands and a bite mark on her bicep.
Meanwhile, a medical examiner found that Patricia had suffered ‘defensive injuries’ in the attack and bruising on her face and neck that was consistent with being choked.
Bit part: She is best known for making a small appearance in the 2011 Marvel film Captain America: The First Avenger, where she played a Stark Girl (pictured)
She also had multiple wounds on her hands, including one that almost severed her thumb.
The autopsy found no evidence that Patricia had been in control of the knife.
Fitzgerald was arrested on December 31 and charged with second degree murder following the results of her mother’s autopsy.
Hollywood: In addition to her role in Captain America, Fitzgerald also worked as an assistant to the film’s director Joe Johnson. The film grossed $175.6million
Her father told police that Fitzgerald had become increasingly more aggressive.
He said that when her aggressive behavior escalated, he and Patricia would try to leave the room in a bid to deescalate the situation.
He added that he didn’t believe his wife would ever try to restrain Fitzgerald because of their size difference.
Following her arrest, Fitzgerald was jailed on a $500,000 bond.
During an initial court appearance earlier this month, Fitzgerald told the judge she would be representing herself at trial.
She appeared via video link and informed the judge that she has a law degree from the University of Houston.
She said she was capable of representing herself at future court proceedings.
Fitzgerald is an actress, movie director and producer who has landed small roles on screen.
She is best known for making a small appearance in the 2011 Marvel film Captain America: The First Avenger, where she played a Stark Girl.
In addition to her role in Captain America, Fitzgerald also worked as an assistant to the film’s director Joe Johnson. The film grossed $175.6million.
Self-defense claim: Fitzgerald was arrested on December 31 and charged with second degree murder following the results of her mother’s autopsy. She claimed the attack was in self-defense, but the autopsy found no evidence her mother ever held the knife
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