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Jose Padilla Ruled Competent to Stand Trial | 16 comments (16 topical)

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As I explained last week... (none / 0) (#3)
by Gabriel Malor on Wed Feb 28, 2007 at 09:22:47 PM EST
Jeralyn, as I tried to explain once before, even if the judge had gone beyond the scope of the competency determination and held that Padilla was tortured, that holding does not automatically mean that he is incompetent to stand trial.

He could have been tortured to within an inch of his life, but if he's alert, responsive, and able to assist in his own defense then he is competent to stand trial.

Edger, the reason she has not made a ruling on the claims of torture is that such a ruling is beyond the scope of the competency hearing. At this stage, all she is supposed to do is determine if he is capable of standing trial. She is most definitely not supposed to make any other rulings in a competency hearing (for example, as to his guilt for his alleged crimes).

Jose Padilla Ruled Competent to Stand Trial | 16 comments (16 topical)

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