A Marin County Superior Court judge set a trial date Thursday for the suspect in a 1973 homicide case.
Michael Eugene Mullen, 77, is scheduled to start trial proceedings on April 20. He is charged with murdering Nina Fischer at her home in San Rafael.
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Fischer, a 31-year-old Swedish national, lived on Point San Pedro Road. Her husband returned home from work and found her dead with gunshot wounds, authorities said. Their 2-year-old child was left unharmed at the house.
The investigation reached a breakthrough in 2021 when local and state investigators linked Mullen to DNA evidence from the crime. Mullen is a former Sonoma County resident who had moved to Idaho.
Mullen is being held without a bail amount at the Marin County Jail.
In a preliminary hearing last year, an investigator testified that Mullen initially denied knowing Fischer but then changed his recollection in a follow-up interview. Mullen said they had consensual sex, sheriff’s Sgt. Kevin Gunn testified.
Mullen’s defense attorney, Peter Kuykendall, argued that memory can become inconsistent with age. He also said there was no evidence that linked Mullen to the gun used in the homicide.
Judge Geoffrey Howard set the competency trial for Mullen after the defense declared doubt in his ability to understand the charges and the legal proceedings.
Jurors heard testimony from Dr. Jennifer Roman, a psychologist from Napa Psychological Services, who said Mullen was not competent to stand trial. She was hired by the defense to perform cognitive tests on Mullen.
Roman testified that she tested him during a two-hour session in a noisy room at the jail where he lacked a hearing aid. He showed signs of “cognitive decline” and struggled to keep attention an hour and half into the meeting, she said.
For the prosecution, psychiatrist Dr. Salman Khan evaluated Mullen in jail and found him competent to stand trial. She said Mullen addressed the DNA evidence found in the investigation.
Khan said Mullen could be allowed to take breaks during the trial.
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