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Ex-Con Accused of Killing NYPD Officer Refuses to Take Psychiatric Test: DA

By Katie Honan | December 5, 2016 3:47pm
 Demetrius Blackwell, center, standing with his lawyer, David Bart, at a 2015 court hearing.
Demetrius Blackwell, center, standing with his lawyer, David Bart, at a 2015 court hearing.
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Pool/Ellis Kaplan/New York Post

KEW GARDENS — The ex-con accused of killing Police Officer Brian Moore in 2015 hasn't cooperated with the Queens district attorney's attempts for a psychiatric evaluation — which could prevent his lawyer from using it in his defense, officials said.

Demetrius Blackwell — who allegedly shot and killed Moore on a Queens Village street corner in May 2015 — refused to answer questions during a court-ordered psychiatric evaluation in October, Judge Joseph Zayas revealed at a Monday court hearing.

He "unilaterally decided he will not cooperate," the judge said, noting a transcript from the attempted psychiatric evaluation that showed the defiant defendant refusing all attempts to answer questions. 

Blackwell's lawyer, David Bart, filed a notice of intent to offer psychiatric evidence once the case goes to trial, and conducted his own evaluation with psychiatrists.

But the judge said if Blackwell doesn't answer questions to the doctors from the district attorney's office, who must obtain their own independent examination, Bart won't be allowed to use any of his own psychiatric evidence in court.

In addition, jurors would be barred from taking any questions of his mental health into consideration during a trial, Zayas added.

Looking down at Blackwell, who is currently being held in Brooklyn House of Detention, according to Department of Correction Records, Judge Zayas told him that his silence was not helping anyone.

"This is totally unacceptable to the court," Zayas said, adding that the option of using psychiatric evidence is for Blackwell's benefit. 

Bart asked Blackwell's wife to try to convince him to cooperate with the examination, to no avail, officials said in court. 

The prosecution and Zayas agreed to give Blackwell one more try with the court's psychiatric team, scheduled for this Wednesday.

If he doesn't cooperate with that evaluation, they will proceed with the trial, which has been delayed for "way too long," Zayas said.

Blackwell looked stoically at his handful of supporters as he was led out of the courtroom, which was also packed with NYPD officers, Moore's family and Patrolmen's Benevolent Association President Pat Lynch. He is due back in court Dec. 12.