Teen could be rehabilitated, expert testifies

A 16-year-old accused of stabbing his Elgin High School teacher could be rehabilitated through the juvenile system, a Cook County judge heard Wednesday.

No prior criminal history, a chaotic home life and good behavior in juvenile detention were all factors forensic scientist James Corcoran said he used in making his evaluation.

The juvenile department of corrections, Corcoran said, would provide Angel Facio the opportunity for individual therapy, an opportunity not afforded in the adult prison system.

"Facio would better benefit from juvenile facilities," the DuPage County jail chief psychiatrist said. "It would better help him deal with his conflicts and mental-health issues … providing a better opportunity to change things."

Corcoran's testimony was part of public defender James Martin's attempt to keep Facio from being tried as an adult in the Jan. 18 stabbing of Carolyn Gilbert.

Assistant State's Attorney Kevin Frey has made two motions asking that Facio be transferred to adult court.

Barring that, Frey wants extended juvenile jurisdiction. Under this 1998 law, juveniles who have committed serious crimes receive both juvenile detention and an adult prison sentence. If the juvenile does not commit a new offense by age 21, he does not have to serve the adult sentence.

In researching his opinion of the 16-year-old's mental state, Corcoran interviewed both Facio and his mother, Sinthia.

The 16-year-old revealed that he was depressed and was having suicidal thoughts, Corcoran said.

Facio also cited numerous problems at home. His mother was frequently intoxicated and has a history of cocaine use, Corcoran said.

Sinthia Facio now is on probation facing cocaine possession charges.

Last fall, Elgin High School chess coach Patrick McCarthy found a personal journal belonging to Facio that detailed the teen's troubled mental state, his attorney said.

The journal, the first entry dated Sept. 4, 2007, described thoughts of suicide, Facio's parents fighting and his mother's drug use, Martin said.

McCarthy encouraged Sinthia Facio to read the journal and get help for her son, Martin said.

Not willing to violate her son's privacy, she never read the journal until after the Jan. 18 attack, Martin said.

"This young man had clearly been crying out for help in this journal," Martin said.

According to Corcoran, Facio described school as "a sanctuary, someplace he wanted to spend all of his time."

Corcoran said Facio now is undergoing counseling and on medication for depression.

Also during the hearing, Judge Paul Stralka ruled he would not allow into evidence the two pending Kane County charges against Facio.

Stralka will, however, allow into evidence details of both accusations.

Facio is accused of sexually assaulting an 8-year-old neighbor in August.

Authorities say that just two days before the attack on Gilbert, Facio attacked a 13-year Larsen Middle School student who was walking home from school. Grabbing her and throwing her to the ground, Facio placed one hand around her throat and forced his other hand into her mouth before the girl escaped, authorities said.

In deciding whether to try the teen as a juvenile or adult, Stralka is considering a number of factors: Facio's criminal history, mental-health issues, whether the crime was aggressive or premeditated, and the reasonable likelihood that he could be rehabilitated through the juvenile system.

"There is no doubt that Facio was crying out to be heard," Frey said in his closing arguments. "But in the process, he hurt an innocent person."

Facio, Frey said, is a dangerous individual who savagely attacked Carolyn Gilbert for no reason.

"He refers to school as a sanctuary, someplace he wants to be all the time. If he acts this way in a safe place, how does he act when he's on the street?" Frey said. "How can the community be safe?"

Stralka will make his decision April 30.