Father charged in heinous murder of adopted daughter incompetent to stand trial, judge rules
Jorge Barahona, jailed for the past 13 years for one of the most heinous acts of child abuse in South Florida memory, will not have to stand trial — for an undetermined amount of time — a judge ruled Friday.
At the end of a brief hearing, Miami-Dade
Circuit Court Judge Andrea Wolfson accepted the conclusion of two of three court-appointed doctors who determined Barahona, 53, was not competent to stand trial. She ordered him “committed” to the state’s Department of Children & Families.
“He’s incompetent to proceed,” said the judge.
What that means, at least for Barahona’s immediate future, wasn’t exactly clear.
Typically, criminal defendants determined to be incompetent are sent for treatment by DCF, which operates six state psychiatric hospitals across the state, including South Florida State Hospital in Pembroke Pines. Florida law requires that DCF take custody within 15 days.
Currently, however, the psychiatric hospitals are packed full, with about 450 Floridians deemed too mentally ill or insane to stand trial, waiting on beds. That leaves most criminal defendants forced to wait in jail, often with a lack of meaningful treatment, for weeks or months.
Once Barahona, 56, is in DCF custody, mental health professionals will begin the process of “restoring” him to competence. If that can be done, Barahona would then be returned to the MiamiDade
County Jail for trial.
The judge’s decision could lead to several different outcomes, according to legal experts. Once he’s found competent, he could argue he was insane when the crimes were committed. Or, if a judge ultimately determines Barahona to be “unrestorable,” the charges could be dropped and he could ultimately be set free.
Barahona’s attorney, Carmen Vizcaino, had not returned phone calls by early afternoon Friday. Miami-Dade State Attorney Katherine Fernan
dez Rundle issued a written statement saying she regrets the “horrific” case is delayed, yet again.
“The psychologists’ opinions that he cannot assist his new attorney in mounting his own legal defense is frustrating to all,” the state attorney said. “Hopefully, he will be found to be competent to stand trial soon, and this case will finally move forward providing justice for Nubia and her twin brother Victor.”
NOTORIOUS MURDER
Very few people currently jailed have spent more time behind bars in Miami-Dade than Jorge Barahona, who’s been charged with first-degree murder, first-degree attempted murder and several counts of aggravated child neglect against his adopted twin children. Also charged with the same offenses was his