Judge denies third competency hearing for Kelly Duke

MILWAUKEE -- Two doctors have found Kelly Duke competent, and now, the man accused of killing a New Berlin couple during a hit and run crash on New Year's Day is asking for a third evaluation. That's a move that the prosecutor and the judge aren't happy with.

The family of Edwin and Jean Thaves is still mourning their New Year's Day loss. Four months after the accident, the man accused of killing the couple while driving drunk is still not on trial.

17-year-old Kelly Duke has been through two psychological evaluations. His lawyer wants a competency hearing, something the family and judge do not agree with. "He indicated he was completely normal after 24-hour-a-day observation, and there are no issues relative to competency. So what is the point of the hearing?" Judge Borowski said.

After the judge shot down a third petition for a competency evaluation, the defense says there may be something left to vet out what caused the collision. "Please clarify, am I missing something? Your client allegedly was intoxicated, fled from the police, moved through a stop sign, then while fleeing the police, flipped his car and killed two people. Allegedly. What issue is there related to cause?" Judge Borowski said.

It seemed to be one attempt after another to delay the trial, which led the judge to call both lawyers into his office. Duke's attorney's declined an interview. The victims' family says the avoidance tactics need to stop.

Despite the doctor's report, a competency hearing was set for next Friday. However, the prosecutor told the family Duke's attorney may decide against the hearing. Either way the trial is set to start May 7th.

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