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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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