Snuka is on trial after being arrested for homicide in the 1983 death of his then girlfriend, Nancy Argentino.
According to the article, Banach refused to toss the case, saying she is “uncomfortable” with making a decision based on just a “snapshot” of the wrestler gleaned from a four-day competency hearing.
Below are some additional excerpts from the report, outlining the prosecutor’s request:
Gallagher made it clear that he still believes Snuka is guilty, but said the judge’s decision not to force Snuka into treatment means the case could remain in a holding pattern indefinitely. Banach previously denied Gallagher’s request to send Snuka to a mental hospital for evaluation.
“If you believe that he’s not going to become competent, then what’s the point?” Gallagher asked the judge.
Gallagher’s request was unusual, the judge noted, even for one of the most bizarre homicide cases in Lehigh County history.
In every other case she’s handled in which a defendant was deemed incompetent to stand trial for homicide, Banach said, the person was locked up in a state mental hospital and prosecutors did not drop the charges.
But those defendants were denied bail. Snuka, who was charged with third-degree murder and involuntary manslaughter, is free on $100,000 bail. He moved to Florida last month and didn’t attend Tuesday’s hearing.
Gallagher said he believes Snuka is lying to get out of standing trial.
“He’s practiced his whole life by being a malingerer in his wrestling field. He’s been an actor his whole life,” Gallagher said.
It had been previously reported that Snuka was incompetent to stand on trial, due to dementia.
Snuka’s attorney, Robert Kirwan, said he agreed with the prosecutor’s request to have the judge throw out the case.
“It lets them off the hook. If they want to be let off the hook, let them off,” Kirwan said.
Kirwan told Banach that Snuka’s dementia has worsened since June to the point that the wrestler doesn’t recognize his wife.
Banach said she would consider dismissing the case at a review hearing in December. She also agreed to consider any new evidence on the competency issue that prosecutors might find within 30 days.
Kirwan told the judge he’s confident prosecutors won’t find an expert who will say Snuka’s dementia can be reversed.
“Dementia does not get better,” Kirwan said.
You can find the entire article at this link.