A federal judge in Pittsburgh has ordered that Andre Staton, a former Altoona man who is facing the death penalty, undergo a competency hearing.

Staton was sentenced to death on June 1, 2006, after being convicted of killing his estranged girlfriend, Beverly Yon, 26.

He was charged with breaking into Yon’s home on the morning of Feb. 25, 2004, and stabbing her multiple times as she was in the process of sending her children off to school.

Staton then fled to his native Baltimore where he was arrested several days later.

Staton, 58, is an inmate in the State Correctional Institution at Phoenix, in Montgomery County.

Since his conviction, Staton has fought for a new trial, proclaiming he didn’t know about a protection-from-abuse order filed by Yon.

His alleged violation of the order was among the aggravating circumstances that led a jury to impose the death penalty.

In his latest appeal, filed in the federal court, Staton charges that his trial attorneys were ineffective for failing to present the jury during the guilt phase of his case with evidence of his “diminished capacity.”

His federal appeal is being heard by U.S. District Judge Joy Flowers Conti.

Staton, who is represented by several lawyers that include representatives of the Federal Public Defender’s Office and the Federal Public Defender’s Capital Habeas Corpus Unit, more than a year ago indicated he wanted to waive his claims against imposition of the death penalty.

On May 4, 2020, Conti issued an order that Staton undergo “an examination to determine his competency to waive penalty-phase claims.”

Since then, Pittsburgh lawyers, including John A. Schwab, Jennifer H. Bouriat and Robert Perkins, have retained two expert witnesses, Dr. Daniel Murrie and Dr. Scott Bender of the University of Virginia Institute of Law, Psychiatry and Public Policy, to conduct Staton’s competency evaluation.

While the judge has set several deadlines to complete the examination, the COVID-19 pandemic has delayed the effort.

Recently, the defense experts asked the judge to order the state prison to allow Staton — who suffers from multiple medical conditions — to be interviewed face-to-face and without masks.

The two psychiatric experts indicated removal of face coverings will assure Staton understands testing instructions and that they are able “effectively communicate” with him.

The petition for a maskless interview stated, “Finally this is a capital case. This mental health evaluation may be used to determine whether Mr. Staton is permitted to waive strong penalty phase claims and ultimately face execution. The importance of this exam’s accuracy and reliability cannot be overstated.”

Conti’s latest order states that the defense evaluation of Staton is due Oct. 27 with a status conference on Nov. 3.

At that time, Blair County District Attorney Pete Weeks and First Assistant District Attorney Nichole Smith will suggest a date when they will respond to the defense report — if necessary.

The judge will then set a hearing date for Staton’s competency hearing.

Weeks said this week that the prosecution also has retained Dr. Steven Eric Samuel of Philadelphia as a consulting psychologist.