A judge denied a motion to dismiss multiple car theft, drug possession and evading charges against James Lee Mathews, 37, over law enforcement's failure to preserve key evidence, including fingerprints.

Superior Court Judge James Reilley also denied a related defense motion to grant Mathews four separate jury trials.

Mathews' lawyer, Robert Radcliffe, argued it is unfair to have a single jury weigh evidence from four separate arrests of his client, dating back to March 2004.

Mathews, who claims he suffers from a cognitive mental condition called attention deficit hyperactivity disorder (ADHD) is set to go to trial in all four cases starting on July 16.

However, one of two doctors appointed by the court to determine whether he was legally sane at the time of the alleged crimes, has recommended more extensive neuro-psychological tests, including a brain scan, which would delay the case several more months.

The defense attorney said he will contact the doctor before deciding whether to seek additional public funds for such tests at a pretrial hearing in the case next week.

At that time, the judge indicated he will also rule on two writs brought by Mathews seeking dismissal of the charges against him based on his claims he has not been allowed the legal help someone with his disabilities requires to be able to use the law library at the county jail.

In court, Tuesday the Chico inmate alleged an ongoing pattern of harassment against him and charged some jailers


are "using my disability against me" by refusing him the legal assistance he needs to bring those allegations in front of the court.

Mathews has alleged in a $3 million federal civil rights lawsuit against Butte County that a jailer broke one of his hands in 2005 and allowed him to be assaulted by other inmates when Mathews continued to protest the denial of his medication.

At one point, Mathews' civil attorney had petitioned the court unsuccessfully to have the Chico inmate transferred to another jail or a locked medical facility for his safety.

During his three-year incarceration, Mathews was twice committed to a state mental hospital, after being found to be mentally incompetent to stand trial.

Doctors have now determined that he is capable of understanding the court proceedings and assisting in his own defense.