Print

Email story

Comment

Email editor

Rape suspect's slip of tongue will lead to a trial

Swayed by evidence suggesting the man understood and would refuse a plea bargain, a judge rules he is competent.

By JAMAL THALJI
Published July 9, 2005

DADE CITY - The words of Richard Hill came back to haunt him Friday, when a judge ruled they showed he was competent to stand trial on a capital sexual battery charge.

It was the second hearing in the case of the 20-year-old, who was 18 when authorities say he raped an 8-year-old Shady Hills boy in 2003.

Last week two psychological experts offered radically different portraits of Hill, and Friday a third court-appointed expert's testimony bolstered Assistant State Attorney Phil Van Allen's case.

Defense expert Dr. Richard Carpenter said Hill is mildly mentally retarded, has an IQ of 64 and is incapable of standing trial. Hill doesn't understand the accusation, Carpenter testified, or the consequences if convicted.

But prosecution expert Dr. Bala Rao said Hill understands the charge and that he could be sentenced to life in prison. Rao testified that Hill understands all aspects of his criminal case, including what a plea bargain is.

Because Hill told him he'd never agree to one.

"I'm not going to take it," Rao said Hill told him. "I'm not guilty."

Those were the words, which Rao said he copied down exactly, that made up Circuit Judge Lynn Tepper's mind.

He "quite clearly articulated" the concept of plea-bargaining, fulfilling one of the main criteria for determining competence to stand trial, the judge said.

Friday's expert, Dr. Peter Bursten, agreed Hill lacked certain intellectual capabilities. But Bursten testified that though Hill might not remember all the legal concepts in his trial - judge, prosecutor, defense, jury, plea agreements - he can be made to understand them.

"He talked in a concrete, simplistic way," Bursten said, "but communicated adequately.

The incident occurred Oct. 2, 2003, in Shady Hills, according to an investigator's affidavit, when then 18-year-old Hill is accused of raping the boy. The boy was not identified, nor was his relationship to Hill.

An exam showed evidence of sexual assault.

Six months later, on March 18, 2004, Hill turned himself in to the Pasco County jail and was arrested on an outstanding warrant.

Life in prison hasn't been easy for Hill, who has pleaded not guilty. He's lost weight and was once trapped in his cell and beaten in the head by two other inmates on May 17 after discussing his case with them, authorities said.

"He's not doing well," said Hill's public defender, Dillon Vizcarra. "But at least he's not being beaten up again.

"But he's never been able to function on his own without help."

[Last modified July 9, 2005, 01:02:12]