MuskogeePhoenix.com, Muskogee, OK

November 18, 2013

Lawyer wins delay in competency hearing


— A competency hearing for a Muskogee man charged with first-degree murder was delayed Monday to allow witness testimony.

John Eldridge Cone Jr. is accused of shooting Skyler Brewer, 26, outside a house in the 2000 block of West Broadway on Sept. 6, 2012.

A mental competency examination was ordered in May and a competency hearing was scheduled for Monday. But defense attorney Jay Cook told District Judge Thomas H. Alford that the mental evaluation report “is hearsay without the examiner here to testify.”

“I want the examiner to come down and answer questions,” said Cook following the brief hearing.

Cook and a representative of the district attorney’s office will meet with Alford at 10 a.m. Thursday to discuss whether the examiner will be interviewed in person or by video, Cook said.

Cone’s evaluation was conducted at Oklahoma Forensic Center in Vinita.