Criminal proceedings remain suspended, judge orders further competency evaluation for Levi Axtell

A Review Hearing was held for Levi Axtell at the Lake County Courthouse on Mar 21, regarding his fitness to stand trial. Axtell has been held in custody since he was charged with second degree murder on March 10, 2023 for the killing of Lawrence Scully on Mar 8, 2023.

This past July, then judicial District 6 Judge Michael Cuzzo ruled Axtell not competent to stand trial under the Minnesota Rule 20, and the criminal proceedings were suspended. Since that time Axtell has undergone further mental health evaluation to determine whether that initial determination stands. At today’s hearing Judge Steven Hanke ordered an additional Rule 20 evaluation, to be prepared by Dr. Mischelle Vietanen.

Vietanen is a psychologist who was appointed by the court to evaluate Axtell in 2023 when Axtell’s attorney, Christa Groschek, requested a mental health and competency evaluation this time last year. A review hearing for that additional Rule 20 evaluation is scheduled to be held on August 26, 2024.

While specific details from Rule 20 evaluations are not released to the public, in a Feb. 7, 2024 Findings of Fact document, it is reported that Dr. Vietanen has found Axtell to have “schizoaffective disorder due to persisting auditory and visual hallucination, delusions, paranoia and severe fluctuations of mood which include major depressive episodes and hypomania.” According to that document, Dr. Vietanen holds opinion that Axtell remains at this time not competent to stand trial, but that there is a chance that he could “attain competence to proceed” in the future.

Neither the defense attorney nor prosecuting attorney objected to the court’s current determination that Axtell is not competent for trial, or Judge Hanke’s order for further evaluation.

Kirsten Wisniewski March 21, 2024