2006_02_staypuft.jpg Confirming our suspicions that the upcoming Nicole duFresne murder trial is going to be brutal, a judge yesterday smacked down 20-year-old first degree murder suspect Rudy Fleming's claim of mental incompetency. You may recall that after being apprehended Fleming claimed to have visions of a "giant marshmallow man" and to hear voices which told him not to eat (he gained 8 lbs. under custody).

Forgotten the story from last way back last January? Fleming is being charged with the murder of 28-year-old actress Nicole duFrense who had been out celebrating a new job late the night of January 27, 2005 in the Lower East Side with her fiance and another couple. Around 2 A.M. Fleming and five cohorts accosted the group, singling them out for being too happy. The thugs apparently demanded cash but were refused. At which point duFresne reportedly asked Fleming "What are you going to do, shoot us?" Unfortunately he seems to have taken it as an invitation. You can find more Gothamist coverage here.

The case should go to trail in June.