MONTGOMERY COUNTY, Md. (WJZ) — For five years, Catherine Hoggle has been considered mentally unable to stand trial in the murder case of her two children in September 2014.

After a second doctor found that Hoggle is still unfit for trial, she does think the new medication she’s on is helping, which is why the Montgomery State’s Attorney’s Office wants to delay in her competency hearing.

She has been taking Clozapine for six months, used for treating people with schizophrenia.

Dr. Telfsen believes it is working but needs more time to evaluate the final results. The judge has the final say on whether Hoggle is competent enough to stand trial.

If he finds she is not, charges against Hoggle could be dropped.

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Under Maryland law, if someone is found incompetent after five years, charges against them must be dropped.

“This is the first time my kids have ever been mentioned in a courtroom cawhenever we’re here over them being murdered,” said father Troy Turner.

Turner was in that Montgomery County courtroom in July on what would have been his son Jacob’s seventh birthday.

“Every day is hard, but these days we should be getting a cake for him, we should be giving him gifts,” Turner said.

Two-year-old Jacob and three-year-old Sarah Hoggle vanished in September 2014. Their mother Catherine Hoggle was arrested for their murders- although their bodies were never found.

After five years under the same doctor’s care, Montgomery County States’ Attorney John McCarthy wanted someone new.

“The determination about whether someone is competent or not is a judicial determination. Just because one doctor has an opinion or another doctor has an opinion, the court does not have to adopt or accept the findings of the doctors,” McCarthy said.

But as of Monday, the new doctor finds Hoggle is still unfit and “dangerous,” Last week, Hoggle blacked out at Clifton T. Perkins Hospital where she’s being treated with a new anti-psychotic drug called “clozapine”

McCarthy filed a motion last week. He wants Hoggle’s next competency hearing delayed until December so she can undergo further evaluation.

“And there’s some specific things that Judge Greenberg wants to hear from the experts- things like malingering, restorability and competency,”

But Turner doesn’t buy it and said he’s infuriated by this long process.

“The more information, the more the truth will come out, and the truth is she’s malingering, I’m very sure of that, and I’m very sure that she’s competent to stand trial,” Turner said.

All the while, Sarah and Jacob’s dad is still praying for answers about exactly what happened.

“It’s infuriating whenever I feel like she has more rights than my children do. She has more rights than my children, who she’s taken from us,” Turner said.

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