A lawyer for Grafton Thomas, the suspect in the stabbing attack at a Hanukkah party in Monsey in December, said on Monday that a psychiatrist has found Thomas incompetent to stand trial.
Defense attorney Michael Sussman said in a statement quoted by The Associated Press that he has asked a federal judge to hold a competency evaluation for Thomas, who was arrested hours after the December 28 Machete attack at the home of rabbi in which people were wounded.
Federal prosecutors say Thomas targeted congregants celebrating the seventh night of Hanukkah at the Monsey home of Rabbi Chaim Rottenberg on December 28 because of their Jewish faith.
Celebrants were forced to defend themselves by throwing furniture, and one of the injured, 72-year-old Josef Neumann who was hit in the head, remains in critical condition.
Thomas earlier this month pleaded not guilty to attempted murder and other charges.
Sussman said on Monday that the federal court has given the US Attorney's Office two weeks to respond to the application for a competency evaluation.
The US Attorney's Office declined to comment to the media on Monday.
Investigators found anti-Semitic writings in Thomas's journals and articles on Jews and Nazis on his cell phone, according to a complaint filed by the US Attorney's Office.
Sussman and Thomas' mother have said Thomas suffers from mental illness and was not responsible for his actions. Sussman has said Thomas has no history of violent acts or anti-Semitism.
One of the prosecutors has said that if Neumann dies of his wounds, Thomas could face the death penalty.