South Florida judge rules Jorge Barahona competent to stand trial in daughter's 2011 murder

CBS News

23-07-2025

A South Florida judge ruled Wednesday that the defendant in one of the most notorious child abuse cases in Florida history is mentally competent to stand trial. The ruling clears the way for trial proceedings to resume after years of delays.
Miami-Dade Circuit Judge Andrea Ricker Wolfson said Jorge Barahona, 58, can stand trial for the 2011 murder of his 10-year-old daughter, Nubia Barahona.
"At this point in time, it's the court's opinion that Mr. Barahona is competent to proceed, and all parties should continue trial proceedings," said Miami-Dade Circuit Judge Andrea Ricker Wolfson, who made the ruling after hearing expert testimony from doctors and mental health evaluators.
Judge Wolfson concluded that Barahona meets the legal criteria to proceed to trial.
"The court finds that Mr. Barahona: one, appreciates the nature of the charges; two, understands the possible penalties; three, understands the adversarial nature of the legal process; and four, exhibits appropriate courtroom behavior," she said in her ruling.
Barahona had been declared incompetent in March 2024 and was transferred to a mental health facility for further evaluation.
The latest ruling follows over a year of ongoing assessments. A status hearing is scheduled for Sept. 19 at 9 a.m.
On Valentine's Day 2011, police discovered Nubia's decomposing body in the back of her adoptive father's pesticide truck, parked off I-95 in West Palm Beach. Her twin brother, Victor, was in the front seat, suffering from seizures caused by severe chemical burns. He survived.
Jorge and Carmen Barahona adopted the twins in 2009 after fostering them since 2004. Investigators said the children were routinely abused, tied up, starved, and denied medical care.
Reports indicated they were sometimes locked in the bathroom of the family's Westchester home for extended periods.
Carmen Barahona, now 74, accepted a life sentence in 2020 in exchange for her testimony. Jorge Barahona is facing the death penalty if convicted.
The case exposed major failures within Florida's Department of Children and Families.
Officials from the agency were criticized for not acting on warnings from medical professionals and school staff. In the aftermath, a task force recommended several reforms, including hiring more child abuse investigators and improving the state's abuse hotline.
In 2017, Florida lawmakers approved a $5 million settlement to Victor for the state's role in allowing the adoption despite clear signs of abuse. DCF paid $1.25 million upfront and the remaining $3.75 million after legislative approval.
Barahona has been charged with first-degree murder, first-degree attempted murder and multiple counts of aggravated child neglect.
His trial has been repeatedly delayed due to extensive legal proceedings.