Michael Hernandez sat stoically in court Thursday as his attorney said his two psychological experts concluded the 14-year-old is not competent to stand trial because he doesn't comprehend the possibility of spending the rest of his life in prison for allegedly murdering a classmate.
''He lacks the rational understanding and appreciation of the range and nature of the penalties,'' attorney Richard Rosenbaum told Miami-Dade Circuit Judge Henry Leyte-Vidal.
Rosenbaum submitted his experts' competency evaluations to the judge, who set a Sept. 9 hearing on the controversial issue. Assistant State Attorney Carin Kaghan already turned over evaluations by the prosecution's two experts, who said the boy is competent to face trial.
At the upcoming hearing, Leyte-Vidal will weigh the opinions of the prosecution and defense experts and then decide whether Hernandez is mentally fit to assist with his own defense in the Feb. 3 Southwood Middle School murder of Jaime Gough, also 14. He allegedly stabbed Jaime with a pocketknife more than 40 times in the Palmetto Bay middle school bathroom, according to police.
The judge also must decide whether Hernandez was competent to waive his Miranda rights without his parents present when he gave a confession to Miami-Dade detectives.
Rosenbaum said he is considering pursuing an insanity defense for the trial.
Both the defendant's parents, Kathy and Manny Hernandez, and victim's parents, Jorge and Maria Gough, attended the hearing.
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