Fit for trial: Nanny Yoselyn Ortega has pleaded not guilty to killing Lucia and Leo Krim
A New York City nanny charged with stabbing two small children to death has again been found fit for trial.
A Manhattan judge reaffirmed his finding in Yoselyn Ortega's case on Tuesday after he was asked to reconsider.
Ortega
allegedly killed six-year-old Lucia Krim and two-year-old Leo Krim in
October while their mother was out picking up her third child from a
swimming lesson.
Authorities say Ortega also cut her throat in a suicide attempt. She has pleaded not guilty to murder.
Defense lawyer Valerie Van Leer-Greenberg has said Ortega's delusions and injuries mean she cannot understand the case.
Doctors offered diverging views of Ortega's mental state.
State
Supreme Court Justice Gregory Carro also heard recorded phone calls
Ortega made from jail to relatives. She sounded coherent while
discussing everyday matters.
The
prosecution presented audio recording of Yoselyn Ortega, 50, speaking
coherently with her family on the phone from jail, giving advice and
showing concern for building works - evidence they say that she is not
mentally disabled.
After the killings, Ortega told doctors she didn't remember the attacks and that she heard voices telling her to kill people.
Ortega is due to stand trial for the
first-degree murder of the two children, Lucia and Leo Krim, ages 6 and
2, who were found stabbed to death inside their parents’ apartment on
the upper West Side, New York, last October.
At
a hearing on Monday, the court heard a recording of Ortega chatting
with her family, in reasoned statements. In a conversation with her
17-year-old son, Jesus, she asked about renovations being done to the
house.
Quoted by NY Daily News, she
showed understanding about why tiles would be laid after paint work has
been done, because otherwise, 'the tiles get dirty while painting'.
She
also expressed concern about the family planning to go out at a time
when workers were scheduled to arrive, the news service said, and
remembered details of the planned renovations.
While
prosecutors said this was evidence of her sanity, Ms Leer-Greenberg
called defense witness Dr. Karen Rosenbaum, who testified that Ortega’s
seemingly lucid thought process during the calls was not proof she is
mentally fit.
Quoted by the
news service, Rosenbaum said: 'Somebody can function in a day-to-day
sense on some level but still not be competent to stand trial because of
the specific nature of what [the law] demands.'
'She de-compensates under stress,' Rosenbaum said on cross-examination, the NY Daily News reported.
The
nanny attempted to slit her own throat on October 25 after Marina Krim
came home to her Upper West Side apartment to find her daughter and son
dead in a pool of blood in the bath.
Last month, Ortega was examined by
two mental health professionals, both of whom found that she could
assist in her defense in a meaningful way and that she was mentally fit
to proceed to her trial. Her lawyer is challenging those results.
In June, Ortega claimed someone else killed the children she's accused of stabbing all over their bodies in the Krims home.
'I didn't do that,' the nanny insisted in jailhouse interview with New York Daily News. 'Someone else did.'
Ortega did not say who else could be responsible for murdering the children.
Plea: Yoselyn Ortega, pictured centre, has
pleaded not guilty to killing six-year-old Lucia Krim (right) and her
two-year-old brother Leo while they were in her care at their Manhattan
home
Loss: Two-year-old Leo and his big sister Lucia, six, were found in a pool of blood in the family's home
Victims: Only Nessie, whose picture has been pixelated, escaped harm as she was with her mother
Ortega, Lucia and Leo had been due to
meet Mrs Krim and Nessie at a dance studio, but the mother became
concerned when they failed to turn up and returned to the home.
After learning from the doorman that
the nanny had not left the building, Mrs Krim frantically searched the
apartment and came across the grisly scene in the bathroom.
Ortega's suicide bid failed and she was put in a medically-induced coma.
When
questioned by police after awaking from the coma, the nanny attempted
to paint Mrs Krim in a bad light, shifting part of the blame for the
tragedy on her.
Ortega,
who had told neighbors and family that she was short of money, revealed
she resented her employers because they kept telling her what to do and
asked her to do the housework.
'She said something like, "I'm paid
to watch the children, not clean up and do housework",' a
law-enforcement source said of Ortega’s statements to police after she
woke from the coma.
Ortega became extremely animated
when she discussed the incident with police, telling officers that she
had numerous disagreements with mother Marina about how the kids were
being cared for.
Reports claimed Marina didn't think Ortega was interacting with the kids enough and was giving them junk
food.
The Krims were also reportedly worried about Ortega's job
performance in the weeks leading up to the killings and had told her
that if she didn't improve, they might need to replace her.
But the Krims' extended family
dispute they treated her poorly, explaining that they paid for her to
travel on holidays and even visited her family in the Dominican
Republic.
In April, Ortega, was ruled fit to
stand trial and will now face a jury for two counts of first-degree
murder and two counts of second-degree murder.
She has pleaded not guilty to the charges.
In June, the Krim's revealed they are expecting a baby boy in October,
Family: Lulu is pictured with her father Kevin
Krim and mother Marina Krim, who found her children stabbed in the
bathtub and their nanny with a slit throat and wrists on the bathroom
floor
Happy news: Marina and Kevin Krim, whose son
and daughter were allegedly stabbed to death by their nanny last year,
have revealed that they are expecting a baby boy this fall
'Hello everyone, We are very happy to let you know that Marina is expecting a baby in the fall,' read the message on the Lulu & Leo Fund.
'Nessie
can’t wait to welcome her new baby brother. We are filled with many
emotions as we look to the future, but the most important one is hope.
We are very grateful to you all for your amazing support.'
In
January, Mr Krim, an executive at America's CNBC television station,
said that they are drawing strength from their remaining child.
He
said: 'Marina and I couldn't be more proud of her - she is very smart,
beautiful and tough. And she's grown so much over the past two months.
She saves us every day.'
DAILYMAIL.CO.UK
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