Court orders release of rape suspect

Superior Court Associate Judge Timothy H. Bellas has ordered the release of Juan Taitano Castro from detention and dismissal of rape and kidnapping charges against him after two psychiatric evaluations showed he was not competent to stand trial.

Mr. Taitano, who had been diagnosed as schizophrenic and experiencing auditory hallucinations, was charged in June 1998 with one count of assault and battery, one count of sexual abuse of a child and one count of kidnapping of a seven-year-old girl.

A psychiatric evaluation conducted by Dr. Laura Post in February 2000 showed that Mr. Taitano was not competent to stand trial. A court hearing on May 10, 2000 also found the defendant incompetent to proceed as he does not have sufficient ability to consult with his lawyer nor does he have a factual understanding of the proceedings against him.

Since there was no substantial likelihood that Mr. Castro would regain competency in 90 days, the court ordered him released under third party custody to ensure that he will receive weekly regular medical treatment at the Commonwealth Health Center.

However, despite the medication and ongoing treatment, Mr. Castro continued to experience auditory hallucinations, and that he appeared to be unable to answer key basic questions concerning current events, according to Dr. Post.

A clinical psychologist, Dr. James Kieffer, evaluated Mr. Castro on Sept. 12, 2000. Results of the evaluation by Dr. Kiefer confirmed earlier findings that the defendant is incompetent to stand trial and cannot be made substantially competent to assist in his defense or understand the proceedings against him. Based on Dr. Kieffer’s opinion, Mr. Castro would not regain competency.

The statute allows the defendant to be committed to a facility for treatment and evaluation up to 30 days consistent with the patient’s rights if there is any likelihood that he will regain his competency within 90 days.

It further permits the court to extend the commitment for any number of periods or order conditional release if the defendant is not a danger to himself or other, for a total not to exceed 180 days or one-third of the maximum period of jail time that could be imposed on sentencing if found guilty.

But if the court determines that the defendant is incompetent to stand trial and there is no substantial likelihood that he will regain his competency within the period prescribed by the statute, then it is required to order the defendant’s unconditional release. Such order, however, will not bar commencement of any civil proceedings, the court said.