Man who can't hear or speak fit for trial in Elgin bike path attack
A judge Tuesday ruled that a 33-year-old Elgin man accused of attacking a woman on a bike path is fit to stand trial, even though he can neither hear nor speak nor understand sign language.
But the attorney for Miguel Gonzalez-Moreno still has doubts about his client's ability to assist in his defense after he indicated he did not understand what it meant to take an oath to tell the truth and that he was innocent until proven guilty.
Gonzalez-Moreno is accused of attacking a woman on March 11, 2012, in late afternoon along a bike path in the 600 block of Wellington Avenue on the city's east side.
He faces two counts of criminal sexual assault and one count of criminal sexual abuse. The most serious charges carry a prison term of up to 15 years.
Kane County Judge Clint Hull first raised a doubt as to Gonzalez-Moreno's ability to stand trial and ordered an examination by two doctors at the Kane County Diagnostic Center.
Each court appearance has required a sign-language interpreter and a pantomime interpreter to communicate with Gonzalez-Moreno, who answers with a thumbs-up or by nodding his head. Tuesday, the interpreters used an iPad, dry erase board, easel and a Ken and Barbie doll as visual aids to convey messages to Gonzalez-Moreno.
Hull agreed with the doctors' report that Gonzalez-Moreno was fit for trial.
"The report shows he is able to communicate through the use of interpreters and was able to provide a history of his upbringing and of his time in the United States. I do find that it has been proven, within a reasonable doubt of psychological certainty, that Mr. Gonzalez is fit to stand trial," Hull said. "He can understand the purpose of these proceedings, can communicate with his attorney to assist in the preparation of his defense."
But defense attorney D.J. Tegeler said he had to enter a plea of "not guilty" for his client instead of Gonzalez-Moreno communicating that himself.
Tegeler did not object to the report, but said it became apparent to him that Gonzalez-Moreno is unfit for trial after Gonzalez-Moreno was unable take an oath to tell the truth or understand that he is innocent until proven guilty.
Gonzalez-Moreno is being held on $750,000 bail and is set to meet, along with the two interpreters, with Tegeler next week before another court date is set.