YOUNGSTOWN, Ohio (WKBN) — A Mahoning County Common Pleas Court judge has allowed a man charged with raping an elderly relative a second mental health evaluation to determine if he knew the difference between right and wrong at the time of the alleged crime.
This is the second mental health evaluation Judge R. Scott Krichbaum ordered for Anthony Consiglio, 26, who has entered a plea of not guilty by reason of insanity.
The first evaluation found that while Consiglio suffers from a “severe mental illness,” it also found that he was able to determine right from wrong when the crime he is accused of committing occured.
Defense attorney Tom Zena asked for a second defense, which will be paid for by his client’s family. The judge agreed.
Consiglio was on house arrest for charges related to the rape of a 79-year-old female relative when he was taken back into custody Feb. 11 after he was indicted on the rape charge.
He also faces charges of aggravated robbery, robbery, theft from a person in a protected class and obstructing official business.
The original charges were filed by Campbell police, but no details have been released.
Judge Krichbaum gave Zena a week to find someone to perform the evaluation and an additional 30 days after that to get evaluation done. A hearing will be held after the evaluation is completed to determine what happens next in the case.
If Consiglio is found not guilty by reason of insanity, he will be required to undergo treatment for his condition. The term of the treatment can coincide with the sentence he would have received had he been found guilty.