Attorneys week requested a mental health evaluation for a Lake Havasu City man charged in a case involving alleged child pornography.

The motion for a mental health evaluation was filed Tuesday by attorney Michael Wozniak, of Flagstaff law firm Aspey, Watkins & Diesel. Wozniak says the defendant – 24-year-old Joshua Waelchli – has suffered from a lifelong mental disability that could potentially hinder his defense in the case.

In November, Waelchli was indicted on 10 counts of sexual exploitation of a minor, and waived his right to arraignment in the case on Dec. 3. Wozniak entered a plea of “not guilty” on Waelchli’s behalf.

According to Wozniak, Waelchli has a documented IQ of 74, and has been unable to effectively communicate with his legal representation about the offense of which he has been accused.

“The defendant has never lived on his own and is constantly under the care of his family so that he can complete minimal daily tasks and have his minimal needs met,” Wozniak wrote in his motion. “When his counsel attempted to explain the basic principles of the legal process to the defendant, the defendant did not appear capable of understanding those concepts.”

Wozniak says county prosecutors have agreed that given Waelchli’s mental disability and the gravity of the charges against him, a psychological evaluation may be prudent at this point in the case.

Such an evaluation could ultimately determine whether Waelchli will be competent to stand trial, and could potentially aid in his defense.

According to the Lake Havasu City Police Department, investigation in Waelchli’s case began in January 2019, when the Arizona Internet Crimes Against Children Task Force reported to local authorities that 39 files flagged as child pornography were uploaded to an internet storage database. Investigators obtained subscriber information, user names and a physical address associated with the files’ point of origin – allegedly identified as Waelchli’s home.

Detectives served a search warrant at Waelchli’s residence in February 2019, and Waelchli was taken into custody. All electronic devices in Waelchli’s bedroom were confiscated by investigators, and examined for possible evidence in the case.

According to police, multiple images depicting alleged child pornography were found on Waelchli’s electronic devices. Also discovered was a chat log in which Waelchli may have appeared to share inappropriate messages with a young teenager. Police say Waelchli’s web history showed at least one visit to a chat website for juveniles, and web searches in reference to child pornography.

Waelchli was released from police custody pending the completion of officers’ investigation, and criminal charges were forwarded to the Mohave County Attorney’s Office in July 2019.

As of Thursday, Waelchli remained free and in the custody of his family.

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(6) comments

tomgarven

I get upset and feel a great deal of compassion for the children which have been hurt by people who do such things. As adults we are meant to protect our children from such cruel behaviors REGARDLESS of their I.Q. level which to me tell me they need mental help. But that help should have started at least 10 years ago and not now after the fact. I guess I could say better late than never but that isn't going to help the children is it. Here is what I found online about I.Q. measurement and application.

"Standardized IQ tests are given and scored by trained administrators. The score represents how you compare to your peer group in:

language, reasoning abilities, processing speed, visual-spatial processing, memory & math

If you have a high IQ score, it means your reasoning and problem-solving abilities are better than average and may signal intellectual potential. An IQ of 70 or below may indicate limited intellectual functioning. However, IQ alone doesn’t tell the whole story.

Testing of social, practical, and conceptual skills is needed to make that kind of determination.". END QUOTE

So personal behavior is about a lot more than someone's I.Q. and further examination of an individuals social skills needs to be examined. But as I said earlier, its too bad that wasn't done 10 years ago.

I always post the below link to why our government is failing We The People. If we only had a mental healthcare program in our country then just maybe we could prevented this type of behavior which is so destructive. Remember, we have at least 850,000 people living among us who need mental healthcare. We can do better than this.

www.pbs.org/wgbh/pages/frontline/shows/asylums/special/excerpt.html

HavasuGuy

With a documented IQ of 74 you know this guy is a tRUMP supporter...

alloveragain

Seriously? You're being serious? OMG get a grip. He's sick, and with the lack of mental health in this county, surprised we don't see more cases of instability.

HavasuGuy

Did your therapist suggest you change your handle pegymo?

azbeancounter

You guys can't get off of the 'hate Trump' thing, can you. Even when the subject of the article is not remotely related to Trump or politics.

kdavis

Havasu guy and big bob have a very simple mind. Singular as I believe they are the same person. He lives on these pages and hides behind his fake names. He usually changes the subject so he can make fun of someone with his immature little quips that he would never say to someone in person. Such a little insignificant man?.....

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