Published Friday, September 10, 2004 FORT LAUDERDALE
Boy, 12, to Stand Trial in Rape
A judge has decided a 12year-old boy is competent to stand trial in juvenile court on charges of sexually assaulting a 10-year-old girl in an elementary school restroom.
Broward Juvenile Court Judge George Brescher said he thought the boy's competency was a "close call," but was swayed by the psychologist who most recently interviewed the boy and found that he understood why he was in court and what penalties he faces.
The boy was 11 and his friend was 12 in February when they were charged with pushing a girl into a restroom at Royal Palm Elementary School and taking turns raping her.
The boys, who were not identified because of their age, were each charged with two counts of sexual battery, one count of kidnapping and one count of attempted sexual battery. No trial date has been set.
The four psychologists who testified Wednesday were split on their decisions: Two found the boy competent, while two said he was not competent to stand trial.
