BOISE, Idaho (AP) — A homeless Boise man charged with murder in the stabbing death of a 3-year-old girl during her birthday party is not mentally competent to assist in his own defense and stand trial, his attorneys said.

Fourth District Judge Nancy Baskin said at a hearing Tuesday that the court has not been presented enough evidence from a forensic psychologist to commit Timmy Earl Kinner Jr. to a state hospital for mental health treatment, as his attorneys have recommended.

Baskin appointed a psychiatrist who will file an evaluation of Kinner to the court by Nov. 29, the Idaho Statesman reported.

Baskin will review that report and rule on Kinner's mental fitness and ability to proceed at a Dec. 13 court hearing. She said that hearing may be closed to the public to protect Kinner's right to privacy when it comes to his medical records.

"The court's intent is to have all hearings be open to the public, unless there's an overriding interest that could be harmed if the hearing is open," Baskin said. She asked for both sides to provide written arguments on whether the hearing should be open.

A Jan. 3 trial date has been set for Kinner, who is charges with fatally stabbing 3-year-old Ruya Kadir and wounding eight others in a June rampage during a children's birthday party.

Prosecutors announced last week that they will seek the death penalty.

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