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red states rule
04-13-2013, 06:03 AM
An illegal will not stand trial for the death of a motorcyclist because he does not speak English

Leave it to liberals and idiot Judges to keep the "Welcome" mat out for these leaches





WORCESTER — A Milford man in the country illegally has been found incompetent to stand trial on charges stemming from the 2011 death of a 23-year-old Milford motorcyclist, but a judge has ordered Nicolas Dutan-Guaman’s lawyer to take steps in an effort “to close the gaps in his competency deficits.”

Mr. Dutan-Guaman, 35, is awaiting trial in Worcester Superior Court on charges that include second-degree murder, drunken driving, leaving the scene of an accident causing death, and driving without a license in an Aug. 20, 2011, accident that claimed the life of Matthew Denice. Mr. Dutan-Guaman allegedly ran a stop sign, hitting Mr. Denice’s motorcycle and dragging him under his Ford F-150 pickup truck for a quarter of a mile before stopping for police.

Judge Janet Kenton-Walker conducted a hearing in January after Mr. Dutan-Guaman’s lawyer, Peter L. Ettenberg, raised the issue of his client’s competency to stand trial.

In a 12-page ruling issued Monday, Judge Kenton-Walker found Mr. Dutan-Guaman incompetent to stand trial at this time, but scheduled a further evaluation in 60 days. Because of his “unique cultural background” and Quechua dialect, Mr. Dutan-Guaman has only a minimal understanding of the charges against him, does not understand the court process or the roles of court personnel and lacks the ability to consult with his lawyer “with a reasonable degree of rational understanding,” Judge Kenton-Walker found.

She went on to say that Mr. Dutan-Guaman does not have a mental disease or defect that would prohibit him from learning the information necessary to become competent to stand trial, however, and ordered Mr. Ettenberg to file a motion for funds to hire an interpreter who speaks Quechua, a dialect spoken in rural Ecuador, to assist him in teaching his client what he needs to know about the legal process in order to be deemed competent.

The judge retained jurisdiction over the competency issue in Mr. Dutan-Guaman’s case and ordered that he be re-evaluated for competency in 60 days.

Paul S. Spiers, a clinical psychologist and neuropsychologist, testified as an expert witness for the defense at Mr. Dutan-Guaman’s competency hearing. Psychologist Hanya H. Bluestone, who works in the forensics division of the state Department of Mental Health, testified for the prosecution.

Judge Kenton-Walker cited the psychologists’ opinions in her ruling.


http://www.telegram.com/article/20130411/NEWS/104119871/1246