Accused peeper competent for trial

A 21-year-old man facing the possibility of life in prison if convicted of demanding sex from a 56-year-old neighbor in her Redwood City home and later apologizing was found competent to stand trial by two of three court-appointed doctors.

Phillip Kita Liu would have gone to a state hospital for treatment rather than trial if psychiatrists believed he was unable to aid in his own defense. The first pair split on his competency but a third tipped the decision in favor of competency, according to court records clerks.

Criminal proceedings were reinstated and Liu returns to court Oct. 16. He is charged with felony first-degree burglary and misdemeanor disorderly conduct.

According to the District Attorney’s Office, the victim was sleeping in her bed at 1:45 a.m. June 25, 2005 when she awoke to find Liu on top of her. The woman told police when she awoke and demanded to know what was going on, Liu said he "was horny” and wanted sex. The woman grabbed Liu by the throat and screamed until he left. However, Liu allegedly remained outside the window, peering in, while the woman called Redwood City police and described him.

He left, according to prosecutors, but returned 30 minutes later and apologized until the woman brandished a board and frightened him off again. Police arrested Liu the next day after the woman recognized him as a neighborhood resident.

At the time of his arrest, Liu had two prior robbery convictions as a juvenile. The law allows juvenile convictions for serious felonies to count as adult strikes.

Without the strikes, Liu faces about six years in prison. If charged as a second-striker, Liu is looking at 12 years. Prosecutors reportedly agreed not to push the third strike and mandatory sentence of 25 years to life if he pleads no contest. Instead, Liu opted for trial until his defense attorney questioned his competency. If the third doctors agrees Liu is competent, he will continue toward trial. An incompetent finding sends Liu to a state hospital for treatment until doctors there deem him cured.

Liu remains in custody in lieu of $100,000 bail.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.<