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Catherine Hoggles attorney told WTOP she suffers from a mental illness so severe that she may not remember what happened to her children. The criminal court would have no say, Fitch said. Do you know what evidence is? Montgomery County Circuit Court Judge James A. Bonifant asked. "Our argument during this hearing was that the questions not just the ability to assist, its the willingness to assist As you heard from the comment of Judge [Bonifant], there were issues of secondary gain the fact that she wanted to be incompetent, the fact that she did not want to return to jail, and that you heard in the course of the hearing, that she wanted in some way to regain some access to a third child whose parental rights have now been stripped from her.". Later that day, Turner became concerned when it came time to pick up Sarah and Jacob and Catherine was not forthcoming with information about the children's whereabouts. Hogglewould have been released after the three-year deadline had prosecutors not filed additional charges by Friday. Very unfortunately we often see vigils for missing children and the outcome is grim. She received her first incompetent assessment in 2015. Turner said he called Catherine on Friday, Sarahs fifth birthday, in hopes that she might tell him what happened to the children. Catherine Hoggle, sitting hunched at the defense table beside her attorney, drew her sanitary mask below her chin and engaged in a series of questions and answers with the judge. While he believes his children are alive, Turner wants to know if they are dead. He went to police shortly afterwards to report all three of them missing. Please enter valid email address to continue. Turner told reporters that Hoggle has gotten out of civil confinement before. These are the things that they wore last for their age.". Maryland authorities in 2017 charged Catherine Hoggle, now 35, with murder in connection with the 2014 disappearances of her two children, three-year-old Sarah and two-year-old Jacob Hoggle, who are presumed dead. As an increasingly anxious Turner headed to the police station for help in his search, he says Catherine asked him to stop at a fast-food restaurant, from which she texted her mother that the kids were fine then she vanished herself. . In the morning, family members and close friends gathered in a circle to pray, as they worried and wondered whether charges could be dropped against Hoggle later in the day. Turners older son continues to be positive about his siblings return home, as are other family members, who remain steadfast in their belief that the children are alive, while police are not optimistic about the youngsters fate. She has done this for two months with detectives, with a therapist, with her family. Fast, informative and written just for locals. Early on the morning of Sept. 8, police say Catherine left their home with Sarah and told Turner that she was taking Sarah to a daycare center. After years of back-and-forth between prosecutors and the defense, if the judge does not find Hoggle competent to stand trial by Dec. 1, her murder charges will be dropped, and she will likely be placed in civil confinement, WTOP reported. Larry Fitch, a former director of the Office of Forensic Services at the Maryland Department of Health and a University of Maryland law school instructor, said prosecutors could file new charges against Hoggle and could secure a second criminal commitment, at least temporarily.