Father charged in child’s death 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 Miami-Dade 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 Fernandez 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.”

for everyone born after 1956 who has not previously had measles. Those who have had measles are considered immune.

The CDC generally recommends all children get two doses of the MMR (measles-mumps-rubella) vaccine, at least 28 days apart, with the first dose at

12 through 15 months of age, and the second dose at ages

4 through 6.

The CDC and other major health organizations recommend that adults can and should get vaccinated with at least one dose if they haven’t had measles and haven’t been vaccinated yet, or aren’t sure.

Vaccine side effects are typically mild and pale in comparison to side effects of actually catching the virus. A small number of people may be unable to get the measles vaccine, such as those who have previously had a life-threatening allergic reaction to vaccine ingredients.

The measles vaccine is a live virus vaccine. which means that it shouldn’t be given to pregnant women, the U.S. Department of Health and Human Services advises.

Q: Where can I get a vaccine? A:

MMR vaccines are likely available at your pediatrician or primary care doctor’s office as well as local pharmacies, including Walgreens, Publix and CVS, as well as community centers and the local health department. The Florida Department of Health in Orange County Immunization Program is at 832 West Central Blvd., Orlando, FL

32805. Appointments can be made by calling 407-7235004. Childhood vaccines like MMR are often available for free through initiatives like the federally funded Vaccines for Children Program.

Q: What are the symptoms of measles and what are the greatest dangers? A:

Symptoms show up one to two weeks after exposure. Common measles symptoms include a cough, a fever of at least 101 degrees, pink eye and a rash that begins within three to five days after symptoms begin.

Serious and sometimes fatal consequences can occur. Before the vaccine, it’s estimated that 3 million to 4 million people in the U.S. were infected each year,

48,000 were hospitalized,

400 to 500 died and 1,000 had encephalitis (swelling of the brain), which can lead to permanent brain damage, according to the CDC.

Q: How vulnerable is Orange County to an outbreak? A:

The statistics suggest there could be a problem. Researchers have established that about 95% of any population needs to be vaccinated against measles to achieve herd immunity.

The most recent data from 2022 says 88.2% of Orange County kindergartners had gotten all their required shots, about 12,000 of the more than 13,600 kids enrolled.

In 2019, researchers at the University of Texas at Austin and Johns Hopkins University ranked Orange No. 14 on a list of U.S. counties most at risk of a measles outbreak, factoring in things such as religious vaccine exemptions and international travel.

Even so, the overall risk of an outbreak, at least for this year, hasn’t been high.

Nationwide, at least 35 measles cases have been reported by 15 states this year, according to the CDC.

Q: Should unvaccinated children stay home from school if an outbreak happens and for how long? A:

The CDC recommends unvaccinated children without a history of prior infection stay home from school for 21 days after their most recent exposure, the incubation period for measles.

But Florida Surgeon General Joseph Ladapo, the state’s top health official, sent a letter to Manatee Bay families on Feb. 20 reiterating the CDC’s recommendation but telling parents the decision to keep their children home was up to them, bucking typical protocol.