Hoggle Lawyer Urges Montgomery Judge To Drop Murder Charges

ROCKVILLE, MD — The lawyer representing a Montgomery County mother indicted for the murder of her two children has filed a motion to dismiss all felony charges against his client.

On Friday, defense attorney David Felsen filed a motion to dismiss the lawsuit against Catherine Hoggle, who has spent the last five years in a state psychiatric facility after Sarah, then 3, and Jacob, then 2, disappeared in 2014.

Citing Maryland law in his motion, Felsen argues that felony charges must be dropped against a defendant who has been found incompetent to stand trial after five years. Under state law, there is a five-year limit on how long someone charged with a felony can be held under medical care. A three-year limit is imposed on someone facing a misdemeanor charge.

"Indefinite continued commitments for treatment to restore competency to stand trial are unconstitutional," Felsen wrote.

Thirty-three-year-old Hoggle — who was indicted on murder charges in 2017 — is believed to be the last person to see her children, Sarah and Jacob Hoggle. Since their disappearance, Hoggle has been charged with their murders and confined to Clifton T. Perkins Hospital in Jessup.

Since Dec. 1, 2017, doctors treating Hoggle at the state's psychiatric facility have repeatedly determined that she is "not competent, dangerous, but restorable."

The first time a Montgomery County District Court judge found Hoggle incompetent to stand trial was on Jan. 10, 2015, Felsen said.

Felsen's motion was filed exactly five years later.

"The statute requires, its actually mandatory, when someone is charged with a felony (and has been) incarcerated and incompetent for five years, the charges shall be dropped," Felsen said in an interview with Patch.

Despite Perkins' numerous psychological evaluations and medical trials, doctors say Hoggle has not been restored to competency.

Prosecutors and advocates for Sarah and Jacob, however, believe the mother is malingering so she can avoid trial on felony charges. Attorneys for the prosecution question how long Hoggle can be kept in a hospital before she must be freed.

Hoggle's next competency hearing is scheduled on Feb. 18.

Felsen said the judge may make a decision to drop the charges before the hearing.

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