A Fulton County judge on Monday ordered a man accused of smothering his baby to be committed to the state mental hospital, after the judge reviewed records suggesting the defendant could be a danger to himself or others.
The order by Superior Court Judge Craig Schwall capped an unusual hearing in which the judge sought to make sure Michael Callaway's now 3-year-old son was safe. Callaway faces a first-degree child cruelty charge on allegations he tried to suffocate his baby at Scottish Rite Children's Hospital in March 2007.
Last week, Schwall banned Callaway from Union County, where his son lives with Callaways' parents in Blairsville, and ordered him to have no contact with the child. That came after he learned that a judge in Blairsville had awarded Callaway visitation rights to see the child, provided his parents supervised the visits.
After being indicted in Fulton County, Callaway was found mentally incompetent to stand trial and allowed to remain free on bond provided he have no contact with his son and receive outpatient treatment. Last week, Schwall said that Callaway being allowed to visit his son under the supervision of his parents was unacceptable.
Callaway did not attend Monday's hearing because he was admitted Friday into the Atlanta Medical Center. An emergency doctor who initially treated Callaway found him mentally ill and in an "imminently life-endangering crisis," Schwall noted.
Schwall ordered Callaway to be sent to Georgia Regional Hospital where he can be treated and, at the request of prosecutors, reevaluated to see if he is competent to stand trial or can be treated to become so.
During Monday's hearing, Schwall accused Callaway's lawyer of trying to obstruct the case from moving forward. The lawyer, Douglas McDonald Sr., last week told Schwall he was unfit to represent his client because he was ill and on medication for recent shoulder surgery. Schwall instructed Callaway to get another lawyer for Monday's hearing if McDonald could not represent him.
No new lawyer was retained, and McDonald showed up again Monday, his arm in a sling. Once again, he told Schwall he could not effectively represent Callaway and asked for the case to be continued under mid-October. Schwall said he would not wait that long because he was concerned about the child's safety.
"He's charged with trying to kill his son," the judge said. "I think we can all agree he shouldn't be around his son."
"The child is safe," McDonald replied. As for Callaway, "he's innocent until proven guilty," he said.
Schwall expressed frustration he had not been told that after he released Callaway on bond the defendant pleaded guilty, without being found incompetent, to theft charges in Gilmer County. A month later, he filed his competency motion in Fulton for the child-cruelty case. "How is he suddenly incompetent a month later?" Schwall asked.
About the Author
The Latest
Featured
