WAUKESHA, Wis. - (04/20/05) -- A 29-year-old man convicted with hisfather a decade ago of a crime spree that included the murder of apolice captain, a kidnapping and two credit union robberies wassaid to be delusional and not fit to participate in his retrial, bya court psychologist assigned to examine him. But prosecutors saidthey believe Ted Oswald is putting on an act and they plan toproceed with their attempt to have the convicted cop-killer triedand sent back to prison, where he has languished since 1995. IfOswald is found mentally incompetent he would be committed to apsychiatric institute for treatment until he is considered mentallyfit for court proceedings. Oswald, then 19, and his father JamesOswald, were convicted of murder in the shooting of Waukesha PoliceCapt. James Lutz after the two robbed a Bank One branch in April1994. The Oswalds also robbed Medical Systems CU, in Waukesha, andLandmark CU, in Brookfield, in December 1993. A federal courtoverturned Ted Oswald's conviction in 2003 because of a finding ofjuror bias. Since then, the younger Oswald has pleaded not guiltyto his involvement in the decade-old crime spree by reason ofinsanity. The father is also appealing his conviction.
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