ILNews

Mental retardation claim anticipated in Fort Wayne case

Michael W. Hoskins
January 1, 2007
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A mental retardation defense could prevent the state from seeking the death penalty in a case involving a Fort Wayne man accused of killing his wife and three children in 2005.

Fort Wayne public defender Michelle F. Kraus plans to ask Allen Superior Judge Fran Gull to appoint an expert to evaluate accused killer Simon Rios in order to determine if he is mentally retarded.

If that happens and an expert finds the 35-year-old Rios mentally retarded, state law does not allow him to be executed or sentenced to life in prison without parole.

The Supreme Court of the United States has ruled that executing anyone deemed mentally retarded is a violation of the Eighth Amendment, which prohibits cruel and unusual punishment. Indiana barred executing the mentally retarded in 1994 before the SCOTUS decision.

This topic came up Friday at the first legislative meeting of the Bowser Commission, which is the interim study committee looking at mental illness as it relates to the death penalty. At that gathering, Indiana Public Defender Council assistant director Paula Sites cited the mental retardation claims since the 1994 law changes and noted that only eight cases have raised the mental retardation defense - a point used to counter arguments about a potential "flood of litigation" that could arise from legally defining mental illness and barring those defendants from execution.

In the Rios case, he is accused of beating and strangling his wife, Ana Casas-Rios, 28, and then strangling the couple's three daughters, Liliana, 10, Katherinne, 4, and Thannya, 20 months.

A recent evaluation by a bilingual mental health expert found Rios has an IQ of 75, which is within the mild/borderline mental retardation range, according to published reports of court documents.

The judge last month denied a request by Kraus to delay the trial to investigate Rios' mental capacity, but this petition asks for an expert to examine whether Rios has a significantly sub-average level of intelligence. It also asks for an expert to determine whether Rios' everyday living abilities and his ability to acquire the skills people learn as they adapt to their surroundings are also substantially impaired.

Appointment of an expert could affect not only this family killing, but it could also delay Rios' separate sentencing in Delaware County on Friday for the rape-killing of a 10-year-old Fort Wayne girl. He pleaded guilty to abducting, raping, and murdering the girl, who was a neighbor; a plea agreement called for consecutive 50-year sentences on rape and child molesting charges and life without parole on the murder charge.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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