Thread: FL:Illegal who raped 69-year-old woman twice not competent

Man who raped 69-year-old woman twice not competent for trial
By AISLING SWIFT (Contact)
Originally published 3:24 p.m., Friday, May 1, 2009
Updated 3:24 p.m., Friday, May 1, 2009

A man who brutally raped and beat a 69-year-old woman twice, then returned a third time a night later, avoided a rape and murder trial this week after a judge ordered him committed to a state psychiatric hospital.

Mario Roberto Rosales Trejo, 33, who has been jailed since February 2005, was set for trial Tuesday on rape and murder charges, but Collier Circuit Judge Fred Hardt ruled that he was not competent to stand trial and should be committed to a psychiatric facility.

Hardt made his ruling after Assistant State Attorney Steve Maresca and Deputy Public Defender Mike Orlando stipulated that he wasn't competent.

"I had a doctor's report and the state stipulated to it," Orlando said. "The doctor found him incompetent."

Because the reports are confidential, Orlando couldn't elaborate, but said he asked for a doctor to interview Rosales because "there were clues" his competency needed to be checked.

Rosales' case will be reviewed every six months, or could come up sooner if doctors say his competency has been restored. However, he can't be released from a psychiatric facility until the judge reviews medical reports and orders it.

Rosales, who also uses the alias Mario Roberto Trejo Rosales, was arrested on Feb. 1 as he returned to the woman's home off Bay Shore Drive in East Naples to break in a third time. She was raped on Jan. 24, 2005, and a week later, on Jan. 31, when she was so badly beaten she taken to a hospital. A day later, when he was arrested, she identified him from a live lineup at the jail.

"I will never be able to forget his face," she told Collier County Sheriff's investigators.

She was hospitalized again Feb. 6 due to the injuries and died on Feb. 28, 2005.

The prosecutor later charged Rosales with felony murder, a killing that occurs while committing another felony -- in this case the rape and burglary. The state opted not to seek the death penalty.

Rosales is an illegal immigrant from Honduras who also lived in a home off Bay Shore Drive, near his victim. He still remains held without bond in the county jail.

In addition to felony murder, Rosales is charged with two counts each of sexual battery with serious injury and burglary with assault and battery, all felonies punishable by life in prison. He also is charged with grand theft, a third-degree felony.

In a separate case stemming from the night he was arrested, he's charged with burglary of an unoccupied dwelling, a second-degree felony punishable by 15 years in a state prison, battery on a law enforcement officer and resisting arrest with violence, both third-degree felonies.

After the attacks, then-Sheriff Don Hunter described them as brutal. He called the second attack "even more brutal" than the first. The woman was beaten and her possessions, including about $1,500 in jewelry, were stolen from her home.

At about 10 p.m. on Jan. 24, 2005, sheriff's reports say Rosales forced his way into the woman's home. She said she thought it might be her grandson, who often visits her, but when she saw it wasn't, she tried to close the door. Rosales grabbed her arms and pushed her into the house and raped her. She said he spoke only Spanish and she tried to "play dead," remaining motionless until he left. Reports say he stole three rings and three necklaces.

The woman stayed in her home for the next several days until she went to a doctor to get her back checked out. She told the doctor, who reported the rape to authorities.

The second attack came at about 2 a.m. Jan. 31. The woman told deputies she'd been watching TV when the same man forced open the sliding glass door, threw her to the ground and raped and beat her. She said he smelled of alcohol and spoke to her in Spanish, but at one point told her in English, "I love you."

She described his clothes and said he was carrying a bedroll and backpack when he left about five hours later. She was badly beaten and taken to the hospital.

After the first attack was reported, patrols were increased in the Bay Shore Drive neighborhood and deputies went door-to-door asking neighbors if they'd seen anyone they didn't know. After the second attack, surveillance was added -- about 20 deputies waited in her neighborhood.

On Feb. 1, armed with night-vision goggles and video equipment to capture images at night, deputies watched for Rosales. At 11:23 p.m., he was spotted walking across the woman's yard. He hid behind some bushes and looked around to see if anyone was watching before he went in through a sliding glass door.

Deputies watched him go inside and saw him standing in the living room. They surrounded the house and as two deputies approached, Rosales opened the blinds and stuck his head out. Deputies identified themselves and grabbed him as he struggled. They pulled him through the sliding glass door and onto the ground as he resisted handcuffs. When he was finally subdued, they found he had a cut on his back and he had to be treated by paramedics.

He wasn't carrying a weapon. He wore brown cotton gloves, and the clothing the woman had described from the night before, including a yellow baseball cap. Deputies said he was arrested on a trespassing charge in Texas in 1999 and was here illegally.

http://www.naplesnews.com/news/2009/may ... -competen/

May I recommend this guy stand trial and get a few shots. This guy should not get any consideration because he is a proven mental case and one of those poor illegals (with a crime spree probably all across the US). We don't need to spend tax dollars giving care and drugs to a multiple criminal (with no right to commit crimes in this country, much less be here). Where's Ol'Sparky when you need it?

That sicko needs to be imprisoned until he is able to be deported.