Boesch must undergo exam

to determine

his ability to

communicate

New Ulm man charged in

attempted murder of his wife

By KURT NESBITT

Journal Staff Writer

OLIVIA -- A New Ulm man suspected of trying to kill his wife must undergo a psychological examination to determine if he is fit to stand trial on attempted murder charges, ordered a judge on Wednesday.

Richard Allen Boesch, 64, is charged with attempted murder in the first degree, assault and domestic assault -- charges that stem from an incident at a boat landing south of Franklin in September.

Renville County District Judge Randall Slieter ruled on Wednesday that Boesch, who had a stroke seven years ago, must undergo the test in order for the court to decide if he can communicate properly.

Renville County prosecutors have said that while the examinations are typically used in situations where mental illness might prevent a suspect from being able to participate in their own defense, they have never seen someone undergo a evaluation to determine if they are capable of communicating properly.

The court's ruling follows a request and an affidavit brought in late November by Boesch's attorney, William Cowell of Gaylord.

In his affidavit, Cowell said Boesch has been unable to describe common words essential to his defense and is also unable to read or write, both of which prevent him from taking part in his own defense.

Cowell's affidavit said that while Boesch has had many rehabilitations since his stroke seven years ago, his thought and speech patterns have been greatly affected by the stroke. Cowell could not be reached for comment Wednesday night.

"The issue is not his ability to comprehend things, but his ability to communicate to attorney simple facts," wrote Cowell.

Assistant Renville County Attorney Glen Jacobson said the testing will be performed by a court-appointed forensic psychologist at the Kandiyohi County Jail in Willmar, where Boesch is in custody. He said any other matters before the court won't be addressed until the test is completed and the results are filed with the court.

"Possibly, we're moving into new territory," said Jacobson. "A Rule 20 (competency exam) is usually used when someone is mentally ill. We want to find any mental illness, but our primary concerns here are physiological."

Boesch is accused of trying to kill his wife, Lorraine, on Sept. 21 by attempting to tie her hands together with plastic ties. A struggled ensued. Boesch's pistol discharged two shots, which ended up in the windshield.

Lorraine Boesch escaped the van, and flagged down a passing motorist who brought her to a hotel near Jackpot Junction Casino, where she called police.

Cowell previously filed a motion asking Slieter to dismiss the charges against Richard Boesch on the grounds that the search warrant that Renville County deputies executed on the 2002 Ford Windstar van that Boesch was driving were outside the scope of the law and that prosecutor's intentions to use incidents that happened before Sept. 21 did not result in charges and are too speculative to prove Boesch meant to kill Lorraine. No ruling has been issued on that motion, which was filed before the competency exam petition,

Court documents said the examination will include a diagnosis of Boesch's abilities to communicate. If he is found to be incapable of communicating properly, the court is asking for an opinion of his capacity to understand the court proceedings against him and to participate in his own defense and to determine if and when Boesch will be competent to proceed if he receives any treatment.