Before the jury was invited into the courtroom early Tuesday morning for the second day of the Ohio, Ill. murder trial, the defendant’s attorney, Brad Popurella, presented a motion to Judge James Andreoni for a directed finding verdict on the initial trial to determine Matthew J. Pairadee’s fitness to stand trial.

The initial portion of the trial, which began Monday, was only to determine Pairadee’s fitness to stand trial, and not to determine innocence or guilt regarding his charges. A fitness trial determines whether a defendant has the faculties to understand the proceedings and advice from lawyers.

Pairadee, 31, is charged with first degree murder, home invasion and aggravated assault. He previously entered a plea of not guilty and has undergone two mental evaluations.

Monday’s testimony from the two medical experts that performand Pairadee’s evaluations echoed each other in saying they believe Pairadee is unfit to stand trial because of a delusional disorder.

Both Dr. Terry Killian and Dr. Jean Clore said their interviews with Pairadee contained a variety of interruptions, conspiracy theories, plots against him and overall delusional behavior.

After hearing both experts testimony, Popurella filed a motion to Andreoni, requesting a directive findings verdict. The motion was filed on the basis that experts believe Pairadee is unable to assist in his own defense by consulting with his defense council.

This motion would take the decision out of the hands of the jury and rather have the judge rule based on the testimonies and evidence provided by the parties in the trial.

Popurella also filed the motion prior to the possible testimony of Pairadee, in the interest of protecting his client’s interest to the best of his ability.

While considering the motion, Andreoni reminded the courtroom it is the state’s burden to prove Pairadee’s fitness to stand trial and after hearing testimony, he agreed with Popurella the burden had not been met and dismissed the jury.

State’s Attorney Thomas Briddick said the trial should still go in front of the jury based on Pairadee’s understanding and the charges against him.

Andreoni granted Popurella’s motion and issued a directive finding saying while Pairadee is cognizant of the charges and the court proceedings, based on expert testimony, he is unable to properly assist in his own defense.

Based on expert testimony and at the request of Briddick, Andreoni’s directive finding also said while Pairadee is currently unfit to stand trial, there is reasonable belief he could be made fit to stand within a 12-month period.

Pairadee said his constitutional rights have been violated in this case and he wishes to file an appeal to a higher court. Andreoni said Pairadee has a right to an appeal and a motion will be filed with the Appellate District 3 Court.

Under orders of the court, Pairadee will undergo treatment with the goal to become fit to stand trial over a time period not to exceed one year. For treatment, Pairadee will be placed in the custody of the Department of Human Services in a secure setting.

Until such location can be determined, Pairadee will remain in the custody of the Bureau County Jail before being transported.

Pairadee said he has been misdiagnosed and he wishes to hold off on medication until an appeal has been processed.

The Department of Human Services will be required to file a report to the court within 30 days and submit timely written progress reports throughout the treatment.

Andreoni set a hearing date of June 21 to go over the first reports from the Department of Human Services.