Ashlee Buzzard, right, sits next to her attorney Erica Sutherland during a January hearing in Judge Stephen Dunke's courtroom in Lompoc.
Ashlee Buzzard, right, sits next to her attorney Erica Sutherland during a January hearing in Judge Stephen Dunke's courtroom in Lompoc. The case has since moved to Santa Maria Superior Court. Credit: KEYT.com photo

The attorney for the Vandenberg Village woman charged with killing her 9-year-old girl has declared a doubt about Ashlee Buzzard’s mental competency, leading a Santa Maria Superior Court judge to suspend legal proceedings.

The action from Tuesday morning’s court hearing before Judge Stephen Dunkle occurred days before the scheduled Sept. 16 preliminary hearing which now won’t take place as planned. 

Buzzard, 40, was arrested in December, months after authorities determined that her daughter Melodee was missing and asking in mid-October for the public’s help in locating the girl.

For weeks, the mother refused to cooperate with law enforcement officers trying to determine the girl’s whereabouts after determining Melodee was not at their home in the 500 block of Mars Avenue in the unincorporated community near Lompoc, according to authorities.

Investigators determined Buzzard had left town for a multi-state road trip with Melodee and returned alone.

Melodee’s remains were found in early December in Utah.

Buzzard has been charged with murder plus sentencing enhancements for use of a firearm and lying in wait.

With defense attorney Erica Sutherland’s declaration, the judge on Tuesday ordered that a pair of psychologists, one chosen by the prosecution and the other by the defense, examine Buzzard to assess her mental competency.

Ultimately, the court will hold a hearing to decide if a defendant is mentally competent to assist in their own defense and understand the charges they face.

If a defendant is found competent, the criminal proceedings would resume including conducting a preliminary hearing to determine if enough evidence exists for Buzzard to stand trial on the charges.

However, if deemed incompetent, the criminal case would remain suspended while the defendant undergoes treatment to restore mental competency.

Before the defense declaration Tuesday, the judge had granted a defense motion to allow Buzzard to wear ear plugs in court. 

Deputy District Attorney Jordan Lockey said she wouldn’t take a position on the accommodation, but wanted to ensure Buzzard could hear court proceedings.

But Dunkle granted the request after asking Buzzard to verify she could hear what was going on in court despite wearing ear plugs in prior appearances.

He earlier granted another defense motion for an Americans with Disabilities Act accommodation allowing Buzzard to have a stress ball during her court appearances. However, he ordered that bailiffs otherwise keep the item when Buzzard is not in court.

Sutherland, Buzzard’s defense attorney, also revealed she had filed a motion to exclude the public and the media from the courtroom, asking Tuesday that the request be placed on hold. 

The defense motions have been filed under seal keeping most of the details hidden.

Dunkle said he had intended to give the District Attorney’s Office and the media an opportunity to respond to the motion, and said he would create a schedule to consider the request in the future once the preliminary hearing has been reset.

The case will return to court Oct. 5 when attorneys and the judge should have both experts’ reports and decide whether a third exam should take place or to set a hearing to review the mental health evaluations. 

Since her arrest, Buzzard has remained in custody in the Santa Barbara County Jail where she is being held without bail.

Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.