Barahona competent to stand trial for murder of daughter, torture of twin brother

Miami Herald

3 days ago

Jorge Barahona, a Westchester electrician charged with unspeakable acts that resulted in the death of one adopted child and badly injured another, is competent to stand trial, a judge ruled Wednesday.
The gruesome discoveries of the 10-year-old twins also roused state legislators and put the state's leading child welfare agency under withering criticism for improper oversight that led to a multimillion dollar settlement.
Miami-Dade Circuit Court Judge Andrea Ricker Wolfson's decision came at the end of a two-day hearing in which forensic psychologists dueled over Barahona's competency and opined on his ability to help his defense team at trial.
In the end, the judge determined Barahona, 58, met the criteria necessary to sit at a defense table across from jurors and fight for his life.
Though the judge didn't set a trial date, she said she believes Barahona is capable of aiding his defense attorneys, and that he understands the charges and the severity of the penalties should he be found guilty. Then she told the defendant he's surrounded by one of the finest defense teams in the state.
'I truly encourage you to work with them,' Wolfson said.
Wolfson found Barahona incompetent to stand trial in March 2024 and ordered him released from Miami-Dade jail and sent to the Treasure Coast Forensic Treatment Center to recover. Twice in the past six months evaluations there determined he was well enough to be competent at trial. Most experts who testified this week attributed that to a series of factors that included more constructive surroundings than jail.
State prosecutors and defense attorneys will return to court for a status update on Sept. 19.
A young girl burned to death with chemicals
The shocking 2011 death of 10-year-old Nubia Barahona and the near death of her twin brother Victor shocked South Floridians, remained in the headlines for weeks and rocked the state's Department of Children & Families like few cases before it.
Nubia's badly decomposed body was found by police wrapped in plastic and covered with chemicals in the back of Barahona's pick-up truck on the side of I-95 in West Palm Beach. Victor, who somehow survived, was in the truck's cab suffering seizures from chemical burns.
Next to Victor in the driver's seat: Barahona, who also managed to burn himself with chemicals, police said.
It wasn't long before an investigation of the family's Westchester home uncovered the numerous gruesome acts the Barahonas did to their adopted children, police said. They said Barahona and his wife Carmen Barahona, 74, beat and tortured the twins, tying them with electrical cord and shocking them in a bathtub with the door locked. A state legislator said the couple smeared feces into the twins' faces when they were upset with them.
Both Barahonas were charged with first-degree murder, first-degree attempted murder and several counts of aggravated child neglect. Carmen flipped in 2020, agreeing to a life sentence in exchange for her testimony. Jorge, who will now stand trial, is facing the death penalty.
The trial was delayed for more than a decade as hundreds of depositions were taken and as the state's child welfare agency dealt with the fallout. Victor, who was last known to be living with relatives in Texas, was awarded $3.75 million by Florida state legislators in 2017.
Experts: Barahona understands ramifications
The hearing concluded Wednesday with two final expert witnesses offering contrasting opinions on Jorge Barahona's ability to stand trial.
'If he's calm, he can help and understands,' forensic psychologist Dyra Bodan said before leaving the stand.
Psychologist Sandra Klein, though, said Barahona seemed unable to move past delusions that included missing evidence and pictures that just don't exist.
'I've never found that Mr. Barahona did not have a level of difficulties,' she said.
Finally, the attorneys closed, with lead defense attorney Khurrum Wahid telling Wolfson she needed to signal that Barahona be surrounded by an environment of mental health experts who could give him cognitive behavioral therapy and put him on specific medications to be functional— something that wouldn't happen in jail.
'We do it in probation orders. I'm not sure it would be completely outside the realm of the court's power,' said Wahid.
Miami-Dade Assistant State Attorney Laura Adams had a different perspective.
'At the end of the day,' she said, 'this defendant's stubbornness does not render him incompetent.'