Man Accused of Killing Grandmother in Los Alamitos to Stand Trial

By City News Service

A 30-year-old man who claims the Mexican government put a chip in his head that enables sheriff's deputies to spy on him was found competent Tuesday to stand trial on charges of fatally stabbing his grandmother in Los Alamitos, a jury ruled.

Outbursts in court and jail by Joseph Elija Ettima have led to scuffles with sheriff's deputies, prompting Orange County Superior Court Judge Francisco Briseno to order a trial on Ettima's competency to help his attorney defend the accused.

Ettima's attorney, Seth Bank of the Orange County Public Defender's Office, argued that while his client understands the legal process he is not making "rational" decisions about his defense.

Briseno twice dismissed juries who were about to begin hearing evidence in the murder trial, Deputy District Attorney Sonia Balleste said.

"It's his right not to cooperate. He doesn't have to agree with his counsel. That's permissible in this country," Balleste said. "Unfortunately, people in the criminal justice system don't always make good decisions."

Ettima testified he was being spied on, Balleste said.

"He says the Mexican government implanted a chip in his brain to allow the Sheriff's Department to see and hear everything he does," Balleste said.

Whenever Ettima "gets in trouble at the jail, it's because of the chip and the games the sheriff is playing," the defendant claims, Balleste said.

In September, a sheriff's deputy testified that Ettima flooded his cell with his toilet and had been uncooperative with deputies.

"He's crazy like a fox," Balleste said. "We started Aug. 29 and it's Dec. 17, me and him sparring over this. It was a prosecution verdict today, but who's winning? Who doesn't have a trial?"

Ettima will return to court Jan. 3 when a new judge will determine when another trial will start, Balleste said.

Ettima is charged in the Jan. 19, 2009, fatal stabbing of his grandmother, Emma Louise Hardwick-Street, in Los Alamitos.

Ettima has pleaded not guilty by reason of insanity, so his trial would be in two stages.  In the first, jurors would consider if he is guilty. In the second phase, the panel would consider sending him to prison or an indefinite stay in a mental hospital.

Ettima is accused of going to his 69-year-old grandmother's to see if he could stay there, Balleste said. He was on parole at the time and staying in motels as he tried to find permanent housing, the prosecutor said.

The grandmother, who was raising the defendant's then-8-year-old brother and then-3-year-old niece, refused to let Ettima in the home, leading to the deadly conflict, Balleste said.

With the two children home at the time, Ettima allegedly killed the victim and then set the house ablaze, but the boy managed to grab the girl and get out safely, Balleste said.

Ettima fled to Mexico, where he was arrested, then extradited to Orange County in April 2009 to face justice.