Boy competent to stand trial, specialists say

Two court-appointed specialists who did psychological evaluations of 14-year-old Michael Hernandez concluded he is competent to stand trial in the killing of a classmate at a Palmetto Bay middle school, a Miami-Dade judge said Wednesday.

Circuit Judge Henry Leyte-Vidal reset a competency hearing for Aug. 19, allowing Hernandez's attorney time to have his own experts evaluate Hernandez.

At that hearing, Leyte-Vidal will weigh the opinions of the prosecution and defense experts to make a final determination whether Hernandez is mentally fit to assist with his own defense in the Feb. 3 Southwood Middle School murder of Jaime Gough, also 14.

Hernandez's lawyer, Richard Rosenbaum, said he was ''shocked'' by the conclusions of the psychologist and psychiatrist who were appointed by Leyte-Vidal.

''There is no question in my mind that he is mentally ill and not competent for trial,'' he told the judge.

LEGAL QUESTIONS

The competency issue has taken center stage in the case because Hernandez has been charged with first-degree murder, a prosecution that raises legal questions about children being tried as adults in Florida courts. If convicted, he faces a mandatory life imprisonment without parole.

In an interview after Wednesday's hearing, Rosenbaum said the findings of the Miami-Dade court-appointed specialists in the case were ``inadequate.''

''The kid is seriously mentally ill,'' he said.

The specialists' reports are confidential -- at least until the upcoming competency hearing.

EXPERTS CRITICIZED

Rosenbaum said he opposed the court-appointed choices of two Miami-Dade experts, Dr. Jon Shaw, a psychiatrist, and Vanessa Archer, a psychologist. The Miami-Dade state attorney's office approved their selection.

He said he has arranged for two national experts to evaluate his client.

Ultimately, the judge must decide whether Hernandez is competent to stand trial and whether he was competent to waive his Miranda rights without his parents present when he gave a confession to Miami-Dade detectives after the killing.

Rosenbaum said he is considering pursuing an insanity defense for the Hernandez trial.

During the pretrial discovery period, the state attorney's office has released DNA evidence showing the victim's blood on Hernandez's alleged murder weapon, a pocket knife. Prosecutors also have released some of Hernandez's school notebooks, personal journal entries and other materials. They present a profile of a serious, religious boy bent on self-improvement and violence.

`HIT LIST'

In a journal entry, Hernandez wrote about a ''hit list'' of intended targets, including his own older sister, Jaime and another classmate.

On Wednesday, prosecutors released three thank-you cards that Hernandez sent from a county jail to his mother, father and sister this spring.

He bought the cards at the Turner Guilford Knight commissary with money from his parents.

Police confiscated the cards at their home.

''Happy Birthday Mommy. I hope you can enjoy your birthday to the fullest,'' Hernandez wrote his mother, Kathy.

``I love you and can't stop thinking about being back home with you. Love, Michael.''

FATHER'S DAY

''Happy Father's Day. This is the closest thing they had to a Fathers Day card,'' he wrote his father, Manny. ``Thank you for your never ending support. It has helped me immensely. I love you. Remember the question is not if I will get out but when. Always pray because God will hear. Love, Michael.''

He added: ``Happy Thanksgiving, Merry Christmas and Happy New Years (just in case).''

''Just because there is no Sisters Day on the calendar doesn't mean you can't celebrate one,'' he wrote his sister, Christina, referring to her as Tina in the card. ``Happy Sisters Day. Remember that I love you and to keep the strongest faith in God. Love, Michael.''