That led Lu to postpone the proceedings. While a court psychologist found that Malvitch was competent to proceed, his attorney, Neil Hourihan, asked for a further delay in the case.
Malvitch does plan to ask to withdraw his plea and ask for a trial in the old case, his lawyer confirmed to the judge, but wants to start serving the time now, just in case he’s unsuccessful.
And because he originally received the sentence before truth-in-sentencing took effect in 1993, he could be eligible for parole in as little as a year, probation officials said.
He’s due back in court Jan. 14.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at firstname.lastname@example.org or on Twitter @SNJulieManganis.