In a meandering court hearing Monday, a judge decided that a man accused of trying to dump the body of his murdered girlfriend in Park County, Wyoming, doesn’t need a new judge or new attorneys -- despite his insistent arguments that he does.
Joseph Underwood, 50, was charged with first-degree murder after the 2019 death of his girlfriend, Angela Elizondo, 40, whom he was accused of strangling to death in Cheyenne.
That charge was dropped when a judge, deferring to mental health evaluations, determined that Underwood was not mentally competent to participate in his own prosecution and to give a plea.
Though the alleged murder happened in Cheyenne, Underwood is also accused of trying to dump Elizondo’s body in a ravine in rural Park County.
Park County authorities took custody of Underwood after Laramie County let him go, and charged him with concealing a felony by dumping Elizondo’s body in a ravine; possessing a gun unlawfully; interfering with police and eluding.
What followed is a saga of mental health evaluations, hearings and letters from Underwood to judges overseeing his case.
Most recently, Underwood asked state District Court Judge Bill Simpson to recuse himself.
“You wrote to me indicating you thought I had a conflict, because you’d married my sister-in-law’s cousin?” asked Simpson of Underwood.
“I believe it was (her) niece,” said Underwood.
“I’ve probably met her once in 25 years,” said the judge. “I don’t know her. I don’t know her children. I don’t know anything about it. So the idea that I have a conflict because you’ve married my sister-in-law’s niece that I’ve met once… Do you understand that my contact was limited if not nonexistent?”
Ultimately Underwood acknowledged Simpson’s point.
Simpson declined to recuse himself.
‘Large Part Of Our Job’
Underwood also asked for new attorneys, saying he believes his current public defenders Tim Blatt and Sam Krone have conflicts from working years ago at the local prosecutor’s office.
Their past stints and brushes with Underwood don’t rise to the level of a conflict, Wyoming Public Defender Brandon Booth told Simpson during Monday’s hearing.
Booth attended the hearing to address Underwood’s concern, as he’s in a position of authority over Blatt and Krone.
Booth said he also wrote Underwood a letter ahead of the hearing, so the man would understand his position fully.
“Mr. Krone and Mr. Blatt are experienced and certainly qualified attorneys,” said Booth, adding that his office cannot reassign attorneys whenever a defendant gets bad news.
“If that were the case, we’d spend all our time reassigning every time someone received information they don’t like – which, unfortunately, is a large part of our job,” he said.
‘You’re Pretty Sharp’
Underwood has bristled repeatedly at the ruling of a lower judge, Cody Circuit Court Judge S. Joseph Darrah, that he’s competent to stand trial and has insisted that he’s not.
Darrah ruled prior that Underwood can face trial, but the court may need to slow the proceedings down or make other special provisions for him.
Underwood has brain damage and a history of other mental health problems.
Though he’s competent to stand trial now, Underwood has also pleaded “not guilty by reason of mental illness,” which is a defendant’s way of saying he was not sane enough to understand his conduct or conform it to the law at the time of the crime.
At some point during the hearing, Simpson misspoke and indicated that he was still waiting on a mental health evaluation to determine whether Underwood is competent to stand trial.
Underwood corrected the judge and noted that the evaluation they’re actually waiting on is on his mental state at the time of the crime.
“You’re pretty sharp Mr. Underwood,” said Simpson, with a tinge of irony in his voice. “Thank you for that distinction.”
The Wyoming State Hospital is now set to prepare an evaluation of Underwood to find out whether he was sane at the time of the crime.
Clair McFarland can be reached at clair@cowboystatedaily.com.
