More mental exams for 13-year-old rape suspect

<p>A 13-year-old boy charged with participating in the kidnapping and gang-rape of a 15-year-old Santa Rosa girl last month will be evaluated for a third time by mental health professionals before his legal future is determined.</p><p>In a hearing Tuesday at the Sonoma County Juvenile Justice Center, Judge Allan Hardcastle said he has concerns about whether legal proceedings against the boy can continue, given the boy’s apparent cognitive deficiencies.</p><p>Two court-ordered mental health evaluations have determined that he is mentally incompetent and unable to participate in his defense. Hardcastle on Tuesday ordered a review by personnel from the North Bay Regional Center, a private non-profit group that provides diagnostic services to people with developmental disabilities and their families. </p><p>“The court certainly has concerns that he may not be competent to proceed,” Hardcastle said.</p><p>The boy is accused, along with a relative, Salvador Armando Rivas, 18, and two other adults — Oscar Anibal Magana-Aristando, 20, and Alejandro Corado, 30 - of the the April 6 kidnapping and rape.</p><p>Police said the four forced a girl into an SUV as she was walking from a friend’s house to a relative’s residence between 7:30 p.m. and 8 p.m. in northwest Santa Rosa. They are believed to have driven her from the Dutton Avenue and Coffey Lane area to Comstock Middle School, where she was raped and assaulted.</p><p>The adults have pleaded not guilty and each is being held on $1 million bail. They face potential 25-years-to-life terms if convicted.</p><p>The boy, a special-education student in middle school, is said to function at the level of an 8-year-old. In court Tuesday listening to proceedings through a Spanish interpreter, he smiled as the judge explained the proceedings to him. </p><p>The Press Democrat is withholding the youth’s name because of his age and the mental health issues.</p><p>Criminal proceedings against the boy have been suspended pending a final determination on his mental status. A report from the North Bay Regional Center is due Friday. The boy will remain at Juvenile Hall in the meantime.</p><p>Hardcastle said the report should address competency issues in addition to determining whether the boy is mentally retarded. If he is determined to be retarded, he could be committed to a state hospital.</p><p>In any case when competency issues are in dispute, prosecutors or defense attorneys can request a trial before a judge on a defendant’s mental health status, said Chief Deputy District Attorney Spencer Brady. Each side is allowed to bring in experts and present testimony.</p><p>Legal competency, not the same as insanity, requires that a person understand the nature of the proceedings and be able to meaningfully assist in his or her defense.</p><p>If a defendant is found incompetent, a judge can order treatment to attempt to restore competency, after which legal proceedings can resume. If it cannot be restored, criminal proceedings are halted and additional hearings would be held regarding long-term treatment and care.</p>