Consequently, we reverse and remand Annita Montwheeler’s conviction for a new trial. ORS 164.057. (Newser) – In December 2016, Anthony Montwheeler, a patient at Oregon State Hospital, went before a state review board and claimed he had faked insanity in 1996, after kidnapping his wife and son at gunpoint, in order to avoid prison. Anthony Montwheeler Multnomah Circuit Judge Thomas Ryan, conducting a hearing in Malheur County Circuit Court, was swayed by a 37-page report and the testimony of a state psychiatrist. One final issue requires our attention. On appeal, both defendants argued that the court deprived them of their right to a compulsory process to obtain witnesses under Article I, section 11, of the Oregon Constitution and the Sixth Amendment to the United States Constitution. Tony Montwheeler is in the Malheur County Jail awaiting trial. The State argued that one Defendant (Anita Montwheeler) had not adequately preserved her objection, and that the second Defendant (Anthony Montwheeler), never objected to the trial court's ruling. Get free access to the complete judgment in State v. Montwheeler on CaseMine. The Court held that, under the standard announced in Charles v. Oregon, United States (ProPublica) – In 2016, Oregon officials freed Anthony Montwheeler from the Oregon State Hospital, accepting his argument that he had faked mental illness for nearly 20 years to avoid prison. Montwheeler was discharged from the state mental hospital in December 2016 after telling the Oregon Psychiatric Security Review Board he faked mental illness for 20 years to stay out of prison following the 1996 kidnapping of his first wife and son. Anthony Montwheeler did not join in Annita Montwheeler’s attempts to call the witness. Unlike Annita Montwheeler, Anthony Montwheeler did nothing to preserve his appellate argument before the trial court— he did not signal that he intended to question Katie 438 State v. Montwheeler pleaded not guilty in early 2019 and a trial date was set for that September. Last week, an Oregon judge ruled that Montwheeler, 50, was not competent to stand trial for an assault and two murders that prosecutors say he committed just weeks after his release. On appeal, both defendants argued that the court deprived them of their right to a compulsory process to obtain witnesses under Article I, section 11, of the Oregon Constitution and the Sixth Amendment to … It worked: Rather than being incarcerated, he was sentenced to remain under state jurisdiction for 70 years. ruling. In May 2019, Multnomah County Circuit Judge Thomas Ryan pushed the trial to July 2020 to give Montwheeler’s attorneys time to prepare. Montwheeler’s case has meandered through the Oregon court system for more than three years. ONTARIO, Ore. (AP) - Anthony Montwheeler's mental health is again in question. Meantime, Montwheeler has recovered from his injuries . Anthony Montwheeler did not join in Annita Montwheeler's attempts to call the witness. Taxpayers paid for his … VALE – Oregon State Hospital evaluators have concluded that Anthony W. Montwheeler is mentally unfit to stand trial, creating uncertainty about when he …