AKRON-

The 79-year-old Grafton man who

in the Rocky River in April has asked the judge for a competency hearing, said U.S. Attorney for the Northern District of Ohio Public Information Officer Michael Tobin.

Renato Montors

"he's concerned that Renato's medical conditions leave him incapable of assisting in his defense," Tobin said.

Tobin said Adams, Blake and the prosecution have to agree on a doctor or doctors to examine Montorsi to determine if he is competent enough to stand trial, which will take place at a hearing at a later date.

Montorsi's wife, Teresina, was released on $25,000 unsecured bond after she pleaded not guilty to one count of conspiracy and two counts of obstruction of justice for her alleged role in the cover up, Tobin said.

Montorsi and his company Kennedy Mint, 12102 Pearl Road, are each charged with one count of violation of the U.S. Clean Water Act, one count of conspiracy and two counts of obstruction of justice.

The indictment alleges Renato Montorsi and two employees attempted to dispose of two 55-gallon barrels of liquid cyanide in a dumpster outside of Kennedy Mint on April 16.

When the trash company wouldn't take the barrels, which were each marked with a poison label, Montorsi allegedly punctured the drum and let it dump into a storm drain on April 18, authorities said.

On Apri 22, reports of 30,893 fish going belly-up in a three-mile stretch of the East Branch of the Rocky River first began coming in. Water samples collected April 23 by the Ohio Environmental Protection Agency

, but U.S. Attorney Steve Dettelbach said cyanide dissipates in water after a few days and is virtually undetectable.

After a citizen tipped off the Berea Police Department, investigators from the Ohio Environmental Protection Agency showed up at Kennedy Mint April 25, and the indictment alleges Teresina stalled them at the front door while Renato hid the punctured drum in the back of the warehouse.

After investigators left, the indictment said the Montorsis took the empty drum and the full one to their Grafton home, where investigators found them on June 22.

Violating the U.S. Clean Water Act carries a 3-year maximum sentence, conspiracy carries a 5-year maximum and obstruction of justice carries 20-year maximum for each count.

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