State law calls for reports of psychological evaluations like the one in Steplock’s case to offer two opinions: whether a defendant has a mental illness or deficiency, and whether at the time of the alleged crime, as a result of mental illness or deficiency, they “lacked substantial capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.”

A person who lacks one or both of those capacities is, under Wyoming law, considered not responsible for criminal conduct. And such a finding can be used to support pleas of not guilty by mental illness, which Steplock has entered in response to the four felonies he faces. Forgey could, on the basis of such a lack of capacity, ask jurors to determine whether Steplock was not guilty because his mental state precluded him from being responsible.

Cole said only that he would seek another evaluation and did not note the specific reason. He noted the outcome of that evaluation might prompt prosecutors to seek another evaluation of their own.