Is father facing death penalty for heinous child murder competent to stand trial?
In March of last year Miami-Dade Circuit Court Judge Andrea Ricker Wolfson determined that Jorge Barahona was delusional and incompetent to stand trial and ordered him moved from jail oversight — where he'd been for 13 years — to the state's Department of Children & Families.
Now, 16 months later and after Barahona spent a year at a mental health facility on the Treasure Coast, Wolfson is undertaking the same task — but with testimony from more mental health experts in a hearing that is expected to end later this week.
At Tuesday's hearing, Barahona, 58, sat next to defense attorney Carmen Vizcaino in the jury box. Looking little like the broad shouldered, curly-haired imposing figure that first took the witness stand 14 years ago, Barahona was dressed in a red jumpsuit signifying he was of high-risk.
Barahona had already been severely beaten by five inmates while he was asleep at the county's Pre-Trial Detention Center in 2021.
Now, his hair is thinned, long and stringy and he's lost significant weight. During the hearing, the defendant's hands were cuffed and tied to a chain around his waist, though he seemed at ease, chatting with Vizcaino and looking around the courtroom.
He didn't utter a word during the proceeding.
Barahona, 58, has been shuttled between Miami-Dade jail and mental health facilities since Valentine's Day 2011, when police found the body of his adopted 10-year-old daughter Nubia Barahona wrapped in a plastic covered with chemicals and decomposing in the bed of a pick-up truck on the side of I-95 in West Palm Beach.
Her twin brother Victor — who miraculously survived — was in the truck's cab suffering seizures from chemical burns. Next to him at the wheel of the vehicle was Jorge Barahona, who was also suffering from chemical burns. Investigators soon determined that the twins had been beaten and tortured in the family's Westchester home and said they were starved and tied up in the bathtub for long periods of time with the door locked.
Barahona and his wife Carmen Barahona were charged with first-degree murder, first-degree attempted murder and several counts of aggravated child neglect. Carmen, 74, accepted a life settlement in 2020 in exchange for her testimony. Her husband — should he ever go to trial — is facing the death penalty.
Trial was delayed for years as the state's child welfare agency dealt with the fallout and attorneys took hundreds of depositions. Victor, who was last know to be living with relatives in Texas, was awarded $3.75 million by Florida state legislators in 2017.
Carmen then took her plea as COVID hit.
Dueling psychologists have opposing perceptions of Barahona
On Tuesday, a pair of clinical psychologists took the witness stand as defense attorneys and prosecutors argued as to whether Jorge Barahona could stand trial.
First up for the defense was clinical and forensic psychologist Jennifer Rohrer, who has spent several hours and several sessions with Barahona since September 2023. Though she found him always 'pleasant and co-operative,' she also said he provided 'delusional and psychotic-based answers.'
Rohrer said it was her opinion that Barahona wasn't mentally fit to stand trial.
'He's unwilling and unable to accept that he may be incorrect,' she said. He believes 'he is innocent and this has been a conspiracy by multiple law enforcement agencies and his attorneys and the media.'
Next up was state witness Lina Haji, a forensic psychologist who evaluates police officers looking for work in the Florida Keys. She said Barahona was competent to stand trial and said in the three hours over two years that she evaluated Barahona she found no sign of mental illness and said that he's never taken psychotropic drugs.
Haji said she was convinced Barahona would act properly in a courtroom, that he would understand the arguments on both sides and that he could help his defense team.
'He's capable of testifying truthfully,' Haji said. 'He conveyed that to me in an organized manner.'
Testimony is expected to resume Wednesday before Judge Wolfson.
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