Prosecutors had been litigating a murder case against Kevin Giome for nearly two years when a judge found him incompetent to stand trial and unlikely to regain competence.
That means it would’ve been unconstitutional for 36-year-old Giome to go to trial. Instead, prosecutors sought to use a relatively new state law to have him indefinitely held at a correctional psychiatric hospital.
The law went into effect in 2021 and it only applies to those charged with capital offenses, high-level felonies “resulting in death or serious physical injury,” or serious sexual crimes…