Judge approves additional examination of Tony Day

Prosecutors in the Tony Day double-murder case received authorization Monday from Tenth Judicial District Judge Albert Mitchell for 90 minutes more of an examination of Day by a forensic psychiatrist.

Day, 15, is accused in the Nov. 26, 2012, slayings of his adoptive mother Sue Day, and Day’s daughter Sherry Folts in Tucumcari.

Tenth Judicial District Attorney Tim Rose said Elizabeth Dinsmore, a forensic psychologist who specializes in children’s cases, was granted the 90 minutes of additional time to meet with Day as part of her examination.

A hearing on whether Tony Day would respond well to behavioral health treatment, which both the district attorney’s office and defense counsel Jeffrey Buckels agree is critical to the case’s progress, is scheduled for July 23 to July 25.At Monday’s status hearing, Buckels objected to granting Dinsmore extra time, since the tests she would conduct with Day would repeat those already performed by state Children, Youth and Families Department psychologists.