Preliminary hearing postponed for minor accused in grandmother's death
A 16-year-old faces charges including first-degree murder in the Sept. 26 stabbing in Guaynabo that killed his grandmother and injured his 22-year-old brother.
The short version
- Metro Puerto Rico reported the preliminary hearing for the minor was postponed on Thursday while he undergoes an evaluation
- Primera Hora reported Judge David Calderón Cordero scheduled an Oct. 19 status hearing to review the evaluation results under Rule 240
- The defense received access to records from the Department of the Family and Department of Correction and Rehabilitation according to both outlets
- A $225,000 bail was set and not posted so the minor remains in custody at the Bayamón Correctional Complex medical center
Hearing postponed for evaluation
A preliminary hearing scheduled for Thursday, Oct. 8 against a 16-year-old accused of killing his grandmother and wounding his brother in Guaynabo, was postponed in Bayamón court. Metro Puerto Rico reported the defense requested an evaluation to determine whether the minor understands the judicial proceedings and can communicate adequately with his lawyers. The court scheduled a new hearing for Oct. 19 to learn the status of the case and the evaluation results.
Primera Hora reported that Judge David Calderón Cordero of the Bayamón court set the Oct. 19 status hearing on the proceedings against the minor, who faces charges of first-degree murder, attempted murder and weapons violations. The outlet reported the hearing that had been scheduled to begin on Thursday was suspended while a forensic examination is conducted under Rule 240 of Criminal Procedure to assess whether he has the mental capacity to understand the legal proceedings against him and collaborate with his defense.
Defense requests and concerns
During the Thursday hearing the defense attorney, Lizette Meléndez Lozada of the Sociedad para Asistencia Legal, presented motions including one seeking security video from the Santa María mall that she argued contained exculpatory evidence, Primera Hora reported. The request was denied. The attorney also asked to be notified of any interviews the prosecution might conduct with her client because he is a minor.
Meléndez expressed concern about the minor's mental health, noting difficulties communicating with him and the lack of basic information such as his social security number, residential address, medications, treatment and school, according to Primera Hora. The judge granted the request for access to records held by the Department of the Family and the Department of Correction and Rehabilitation. Metro Puerto Rico also reported that the defense was authorized to examine such governmental agency records related to the minor.
Where the sources differ
Both Metro Puerto Rico and Primera Hora agree that the hearing for the minor was postponed on Thursday, Oct. 8, that an evaluation was ordered to assess his capacity to understand proceedings, that the next hearing is set for Oct. 19, that the defense received access to Department of the Family and Department of Correction and Rehabilitation records, that the incidents occurred on Sept. 26 at the Santa María mall in Guaynabo, that the victim was 67, that the brother is 22, and that bail of $225,000 was set. Metro Puerto Rico describes the hearing as having been postponed while Primera Hora states it was scheduled to begin and was suspended. Primera Hora provides additional details on the specific judge, the exact charges, the defense attorney's name and statements about mental-health concerns and notification rights, and the denial of the video request; Metro Puerto Rico does not include those specifics.
What the reports do not say
The reports do not state the outcome of the mental evaluation, whether the minor will ultimately be tried as an adult, the current medical condition of the injured brother, any motive for the attack, the results of any forensic tests on the weapon, or what steps will follow the Oct. 19 hearing if the evaluation finds the minor unfit or fit to proceed.
Sources
Every link below was opened and checked when this story was published and last updated. Official means a government body, agency or the organization itself; Reporting means a news outlet.
- Reporting Para el 19 de octubre vista de menor acusado de matar a su abuela
- Reporting Aplazan vista preliminar a menor imputado por crimen de su abuela
How we checked this
Metro Puerto Rico and Primera Hora both covered the Thursday court session and the postponement for a mental evaluation, with Primera Hora supplying the name of the judge, defense counsel and more details on the motions and the attorney's statements. Information on the original Sept. 26 incident and the $225,000 bail rests on both sources.
Compiled by the PuertoRico.com News Desk from the reports and statements listed above, and checked against them before publishing. It does not include original interviews. Spot an error? Email support@puertorico.com with a link to this story.