ALBUQUERQUE (KRQE) - Juan Gonzalez, 22, admitted to raping three young kids , but those cases may never go to trial because his attorney claims he is incompetent.
Under state law, someone who is determined to be incompetent cannot stand trial.
Instead, Gonzalez, who is an illegal immigrant from Mexico, and his defense is pushing for deportation.
In a motion to dismiss charges filed last month, Gonzalez' lawyer said his client has a history of head trauma symptoms, including "memory deficit, seizures and other medical problems resulting from a closed head injury he suffered at three years of age."
A state health expert did rule Gonzalez was incompetent in October 2011, but prosecutors point out the expert noted "Mr. Gonzalez was not motivated to put forth his best effort in this evaluation...he understands enough about the legal system to know that if he were to be determined competent by the court, he would likely be imprisoned."
District Attorney Kari Brandenburg told News 13 in a previous interview that her office would try to get Gonzalez criminally committed to the state's mental facility in Las Vegas if he is found to be incompetent.
"That's not a solution, shipping him back to Mexico, losing track of him and then having him cross the border at some unknown time," said Brandenburg.
But Gonzalez' attorneys are promising their client won't return to New Mexico or the states. Their motion claims Gonzalez' parents have agreed to move back to Mexico to care for their son if the case is dismissed.
Attempts to contact Gonzalez' parents were unsuccessful. His attorney also did not return News 13's calls for comment.
In 2005, Gonazlez admitted to raping a little boy and a 3-year-old girl. He was not deported at the time because CYFD had a policy not to report illegal immigrants who'd committed serious crimes to the federal government. That policy has since been changed.
Then in May 2010, Gonzalez was arrested for raping another girl, 6, at the Mid-Town Sports and Wellness Center. The girl was watching television in a playroom while her mother was working out, according to police.
Gonzalez is still jailed at MDC for that charge.
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