NORTHAMPTON — A Florence man facing charges of attempted murder and strangulation will undergo a mental health evaluation after the prosecuting attorney told a judge he believed the defendant’s condition had deteriorated.
Cody Malone, 28, was first arraigned on the charges in September 2020. He was charged with attacking his mother and strangling her to the point of unconsciousness, landing her in intensive care. He was indicted and his case was moved up to Hampshire Superior Court in November 2020.
In 2021, he was committed for a short time to Bridgewater State Hospital for observation. The hospital’s report found him not competent but sought no further hospitalization and he was released on conditions.
On Tuesday, Assistant District Attorney Matthew Thomas told Superior Court Judge James Manitsas that Malone’s mental health has been a “moving target.” At first, Malone represented himself in the criminal proceedings. Later, Alan Rubin served as standby counsel. Since January 2023, Malone has been represented by Jonah Goldsmith. Last month, however, he filed a motion to remove Goldsmith as his attorney.
Thomas said the reasons for this were unclear, and the defendant’s own filings in the case in recent weeks raise “serious questions” as to his competence.
“We’re asking the court for a new evaluation,” Thomas said. “We believe his condition has destabilized.”
Goldsmith did not disagree with Thomas’ assessment, though he told the judge he took no position on the request for an evaluation. He noted that Malone had been found incompetent in June 2022 by Judge John Agostini, and that order remains in place.
Goldsmith acknowledged that there had been a breakdown in the relationship with his client despite his efforts to repair it. He petitioned the judge to impound Malone’s recent filings on the grounds that they could damage his case if it went to trial.
Questioned by Manitsas, Malone said he has been seeing a therapist and everything he had written was to the best of his ability and correct. When his attorney asked for his client’s filings to be impounded, Malone interrupted to call for his immediate dismissal.
Manitsas agreed to the requests for an evaluation and impoundment and scheduled a hearing on Malone’s motion for removal of counsel for Nov. 20.