BY STAFF / Writer

Courtney L. Lockhart’s defense attorneys requested the right to amend any of the not-guilty pleas entered, pending the results of a mental evaluation.

Lockhart, 23, pleaded not guilty to all four charges against him at his arraignment, which included three capital murder charges related to the March 4 death of Auburn University freshman Lauren Burk and a robbery charge for a robbery committed at Short Stop in Smiths Station, Lockhart’s hometown.

Lockhart confessed to the abduction, robbery and shooting of Burk, an 18-year-old from Marietta, Ga., after being arrested in Phenix City.

A Lockhart attorney, Jeremy Armstrong, asked Lee County Circuit Court Judge Jacob A. Walker III to reserve the right to amend any of Lockhart’s four not-guilty plea’s to not guilty by reason of mental defect or disease; Walker agreed.

Joel Collins, Lockhart’s lead defense attorney, requested the mental evaluation. It was requested by state professionals and the defense’s expert at the end of April, but in court, Collins said the evaluation had not been completed. He also requested a gag order, which went into effect a week after the request.

Collins filed court documents that describe Lockhart as “suffering from some mental disease,” saying he “lacks the ability to understand the difference between right and wrong.” The Alabama Department of Mental Health and Mental Retardation will conduct the test.

Doug Hankes, a licensed psychologist and director of Auburn Student Counseling Services, said the tests Lockhart would undergo would be lengthy and comprehensive. It would include an extensive clinical interview and objective tests, as well as projective tests.

It could also include interviews with individuals who are familiar with Lockhart.

“One of the most important components that these tests include is the assessment of malingering - faking a mental illness,” Hankes said. “Forensic psychologists are experts in detecting malingering.”

Wes McCollum, an Opelika defense attorney, said by entering a plea of not guilty by reason of mental disease or defect, Lockhart’s attorney will have to prove that he lacked the mental capacity to understand the consequences of his actions at the time they took place.

His lawyer will also have to prove that he is unable, because of his mental incompetence, to assist his legal counsel in the preparation or trial of his case.

McCollum said that an individual could have a clinical disorder of some type, yet still meet both standards for prosecution.

Legal standards and psychological standards are not the same.

“Lockhart’s legal team is merely making use of all available defenses on his behalf,” McCollum said. “It is very common in cases of such a severe nature for defense counsel to enter this type of plea and have a mental evaluation performed on the accused.”

McCollum believes the prosecution will show Lockhart’s actions will prove his mental competence.

“They will attempt to show that his actions and movements both before and after the crime was committed demonstrate his awareness of the crime itself,” McCollum said.

“Some mental illnesses can alter a person’s perception of reality so much that an individual doesn’t understand what he was doing, doesn’t understand that what they were doing was illegal, or that they believe they are being forced to commit the crime by a force outside of them,” said Hankes.

Lockhart’s service in the Army in Iraq from August 2004 to July 2005 may provide the basis for the defense’s plea.

In an interview with a Columbus, Ga., TV station WTVM, Lockhart’s mother, Catherine Williams, said her son was an Iraq war veteran who came back a changed man.

Lockhart’s defense may say Lockhart’s insanity stems from post-traumatic stress disorder.

According to The National Center for Post-Traumatic Stress Disorder, PTSD is an anxiety disorder that can occur after a traumatic event like military or combat exposure, and feelings of hopelessness, despair and acts of violence are common problems associated with PTSD.

Lockhart served as a Pvt. 1st Class and had several run-ins with his fellow soldiers.

After being court-martialed and sentenced to confinement, Lockhart was given a bad conduct discharge for charges including assault in December 2006.

Lockhart was court-martialed at Fort Carson, Colo., and convicted of communicating a threat and use of marijuana as well as assault in August 2006.