WARREN - A defense attorney for a Newton Falls man facing child pornography charges will select a psychological expert to examine his client for competency after two other experts disagreed on their findings.
After the attorney gets approval from Judge John M. Stuard for an expert to examine Paul Bidwell, the results of any exam will most likely lead to a competency hearing later before Stuard.
Bidwell, 38, who also has pleaded not guilty by reason of insanity, was secretly indicted in March on 17 counts of pandering sexually oriented material involving a minor. He remains in Trumbull County Jail in lieu of $250,000 bond.
Results of a test on Bidwell performed May 11 and contained in a report June 14 state that Bidwell is not competent to stand trial and is unable to understand the roles of attorneys and judge in the proceedings. The report by Dr. Thomas Gazley, psychologist with the Forensic Psychiatric Center of Northeast Ohio, concludes he is not able to aid his attorney, Roger Bauer, in his defense.
Another report turned in this month after Bidwell was examined in July by Dr. Galit Askenazi of the Neuropsychology and Forensic Psychology Speciality Services says Bidwell is not only competent, but is malingering and actually deliberately trying to score poorly on the competency tests.
''It's clear that the defendant is faking and another test will show that,'' said assistant county prosecutor Gabe Wildman.
Bidwell backed out of a plea bargain deal offered to him in April that could have resulted in 11 years behind bars.
He faces 11 counts of a fourth-degree felony charge of pandering sexually oriented matter involving a minor and six counts of second-degree felony charges of the same crime.
The fourth-degree felony pandering charges pertain to allegations that Bidwell possessed the graphic child pornography. The second-degree version of the same charges allege he copied the material.
According to the indictment, some of the downloads showed children between the ages of 3 months and 6 months and unknown males using the babies as sex objects in scenes.
None of the infants, children or males in the scenes is identified, but according to indictments, their images were downloaded and recorded between October 2010 and Nov. 15, 2011.
Wildman explained that police in Newton Falls were acting on a search warrant sought by the Internet Crimes Against Children in Cleveland, which monitors the types of cybercrime with which Bidwell was charged.