Gouker competency report release delayed by review of law - WBRC FOX6 News - Birmingham, AL

Gouker competency report release delayed by review of law

Joshua Gouker Joshua Gouker
Joshua Young Joshua Young
Terry Zwicker (left) Terry Zwicker (left)

LOUISVILLE, KY (WAVE) - Joshua Gouker and Joshua Young were back in court in front of a judge on Friday for a pre-trial conference.

The father of their victim, Trey Zwicker, was also in the courtroom as Joshua Gouker and Joshua Young were lead in. Terry Zwicker's eyes never strayed from Gouker as he took his seat and proceedings began. 

Judge Barry Willett announced that a competency report on Gouker was complete. When asked by Willett directly if he understood both what the report was about and that he could rule on his competency immediately, Gouker answered yes to both questions.

At that point, Pete Schuler, the attorney for Joshua Young, asked to address the court. Schuler began to argue that neither he nor his client had been allowed to see the competency report and he believes that by law, they have the right to do so.

"Since we are a party and since this is not privileged information," said Schuler. "You know it's not in a closed proceedings so given all that, I see very clearly that should be shared with us and it shouldn't be sealed in the court file."

After initially disagreeing with Schuler, Willett finally agreed to review the laws to see if indeed the defense does have a right to see that final report before a judgment is made. He is expected to have his decision by the time of the next pre-trial conference which is scheduled for January 15, 2013.

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