Mental state may free child-rape suspect

ALBUQUERQUE, N.M. (KRQE) - A new question about the mental state of accused child rapist Juan Gonzalez raised by his defense could mean he goes free.

Gonzalez, 22, is charged with criminal sexual penetration and kidnapping for a 2010 incident.

Albuquerque police said he admitted to raping a random 6-year-old girl at Midtown Sports & Wellness while her mother worked out. Gonzalez's mother worked at the gym.

On Thursday District Court Judge Ross Sanchez heard a motion on mental retardation filed by the defense.

The defense claims Gonzalez is mentally retarded and therefore should not be criminally committed to the state's mental hospital.

Gonzalez has already been found incompetent and not treatable to competency.

The defense and prosecution each called an expert to testify.

Dr. Michael Rodriguez for the defense said Gonzalez scored a 64 on the Wechsler IQ test, which puts him in the "mildly retarded range."

"His belief is that, No. 1,  he didn't do anything wrong and that if he just continues in saying that and because he's retarded and he know's it,  I think he believes he'll get to go home," Rodriguez testified.

The state does not buy that argument.

Its witness, Dr. Susan Gerber, testified that when it came to test taking, at least at the state's mental hospital, he didn't seem to put forth much effort.

"While appearing to cooperate with the test the results, statistically, would suggest that he intentionally selected incorrect answers," Gerber said.

It will be up to the judge to determine if Gonzalez fits the state statute for mental retardation.  That decision, however, isn't expected until the end of  the year.

If he is found to be mentally retarded, under the law the criminal case against him would be dismissed.  But because he is an illegal immigrant, Gonzalez could then be deported.

The state's expert also testified that Gonzalez is a high risk when it comes to re-offending.

Gonzalez allegedly admitted to two other sexual crimes, molesting two toddlers when he was 13.

Those charges were dismissed by juvenile court after he was found incompetent back then as well.