Convicted Creighton killer Anthony Garcia returned to court Monday morning, but refused to answer a judge's questions.
The judge ordered Garcia to the Lincoln Regional Center.
"Dr. Garcia if you do not respond to me you will leave me no choice but to send you to the Lincoln Regional Center." @3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) March 13, 2017
It comes after he ordered Garcia to attend Monday morning's hearing on his mental competency ahead of a death penalty phase hearing scheduled for later this month.
Garcia refused to attend a hearing last week.
"Dr. Garcia if you do not respond to me you will leave me with no choice but to follow the 3rd thing we discussed at the hearing last week was to have you sent to the Lincoln Regional Center to determine whether or not you are competent,” Judge Randall explained.
In court, the defense pointed out Garcia spent the past three-and-a half years in solitary confinement.
"I want you to understand the concept that you're sitting in your own death penalty case and you don't say one word to your attorneys the entire trial, if that's the long con then that's a hell of a con," said Bob Motta Jr., Garcia’s defense attorney.
Douglas Co. Attorney Don Kleine says he understands why the judge made the decision, but feels Garcia is putting on an act.
"He hasn't had any trouble communicating with anyone over at the correctional center and we have written letters he sent kites requesting batteries, or he needed a haircut or cutting back on his medication,” Kleine described.
Garcia will go to the Lincoln Regional Center soon.
The 3-judge death penalty hearing is scheduled for the end of March but it will likely be postponed.