Unexpected dad Max Schenzel has been ruled mentally competent to stand trial after his attorney successfully petitioned for a Rule 11 mental evaluation back in September.
A Maricopa County Superior Court judge handed down the ruling on November 1, and Max’s delayed sentencing has been rescheduled for later this month.
UPDATE – We have since obtained a copy of the ruling and can provide some excerpts:
THE COURT FINDS the Defendant understands the proceedings and is able to assist counsel with Defendant’s defense.
THE COURT FURTHER FINDS the Defendant competent pursuant to A.R.S. Section 13-4510(B).
IT IS FURTHER ORDERED that the written report(s) of the expert(s) be sealed and maintained in a confidential manner by the Clerk of the Superior Court; said report(s) shall not be disclosed to anyone except by written order of the Court.
SEALED AND FILED: Medical report(s) by the expert(s).
The Court having reviewed this matter determines it is necessary to know whether this Defendant is receiving any behavioral health services. Accordingly,
IT IS ORDERED that Mercy Care disclose whether this Defendant is enrolled in Mercy Care and provide additional information as requested herein.
The Court Liaison from Mercy Care informs the Court that the Defendant is enrolled with Mercy Care/General Mental Health.
In case you missed it, Max pleaded guilty in August to a class 6 designated felony theft charge after stealing money and a credit card from the sleeping 77-year-old grandmother of a friend back in June. Max’s sentencing was originally scheduled for mid-September, but was delayed after his attorney petitioned the court to have Max submit to a mental evaluation to determine whether he’s competent to stand trial.
The petition by Max’s attorney was under Arizona’s Rule 11 statute, which basically states that a defendant cannot be prosecuted if unable to understand the charges or the proceeding against him due to a mental illness, defect, or disability. Prosecution is also not allowed if the defendant is unable to assist in his own defense due to the same reason or reasons.
The judge’s ruling indicates that the tests performed on Max did not indicate that he was unable to understand the charges against him or incapable of assisting in his own defense.
In addition to his theft case, Max has also been named in an Injunction Against Harassment filed by Chloe Mendoza’s mother Jessica on August 6. According to the injunction, which was signed by a judge after evidence of its merit was presented in court, Max is not allowed to have any contact with Chloe or her family, except for text messages with Chloe regarding their daughter Ava.
From our previous post:
If you are curious as to why this is an Injunction Against Harassment and not an Order of Protection, that is because it was filed by Jessica and she does not have direct family ties to Max. (Chloe is only 17 and still a minor.) However, the injunction does include Chloe as well as Jessica, her husband Nathan, their daughter Brooklyn, and Chloe’s daughter Ava.
The injunction states that Max is to have no contact with Chloe’s family, with the one exception of “text messages with Chloe Mendoza, but only for the purpose of discussing the parties’ minor child.” Max is also prohibited from going near Chloe’s home or any of the schools attended by Chloe or her family members.
It appears as though the Unexpected Tell All was filmed in mid-August, so it was after the Injunction Against Harassment was filed. Hopefully more will be revealed about the incident that merited the filing. The Unexpected Season 2 Tell All special airs tonight at 10/9c on TLC.