Albuquerque Journal (Albuquerque, NM)

Teen's Sex Charges Dropped.(Final)

Byline: Katie Burford Journal Staff Writer

* Boy's mental condition makes him incompetent to stand trial, state Appeals Court agrees

Attorneys for a teenage boy accused of sexually abusing a 2-year-old girl argued to the state Appeals Court that no amount of treatment would make him competent to stand trial and the charge should be dropped.

The appeals court recently agreed, affirming Santa Fe Children's Court Judge Barbara Vigil's decision to dismiss the case.

At odds in the case are public safety and the child's constitutional rights.

In its decision, the court acknowledged "the implicit tension between the public's right to be protected from dangerous juveniles and an incompetent child's right to be free from indefinite subjugation to the criminal process. …

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