Judge denies Guzman's insanity claim

Jury will decide case

EPHRATA - The three-day insanity hearing for a Warden man arrested in 2004 for the alleged kidnapping, physical assault and rape of his mother ended Friday with a Grant County judge denying the motion for acquittal.

Public defense attorneys for Gilberto Guzman, 30, requested their client be sent to a mental facility for a possible life term, instead of facing prison time.

But after hearing testimony from mental health experts and Guzman's family members, Superior Court Judge Kenneth Jorgensen ruled Guzman didn't meet the state's legal test for insanity.

Jorgensen stopped Grant County Prosecutor John Knodell from launching into the state's closing argument before Jorgensen denied the defense's motion.

Jorgensen didn't comment further on his decision, apparently letting some of the testimony speak for itself. He said the case will be decided by a jury. A trial date wasn't announced Friday.

Guzman pleaded not guilty by reason of insanity on Nov. 27, 2007, to charges of kidnapping, assault, rape, felony harassment and attempted first-degree murder.

Guzman allegedly tied up his mother, Delfina Moreno, then 50, of Warden, and held her hostage for three days in the home they shared. He reportedly beat her and raped her. She was finally able to escape and walk to safety at a neighbor's home, she testified this week.

This week, a nonjury bench trial was held in Grant County Superior Court, where Jorgensen was left to decide if Guzman should be sent to a mental facility or stand trial.

During closing arguments, public defense attorney Karen Lindholdt said it's undisputed Guzman experienced mental health problems for years.

In court documents, Spokane psychologist Mark Mays reiterated the opinions of two other doctors that Guzman should be diagnosed with a "Psychotic Disorder NOS (not otherwise specified).

Mays testified Guzman was not sane during all or parts of the incident and other experts said it was "very rare" for the mother-child bond to be violated through rape, Lindholdt said.

Moreno said Wednesday her son was in a mental facility and in rehabilitation for drug or alcohol abuse before the alleged incident.

Moreno also said in about 2002 or 2003, he reportedly heard voices telling him to harm his family, but not her directly. It also appeared he hallucinated, Moreno said.

But it was left to the judge to decide if Guzman is fit to stand trial, Mays said. She added that Guzman will not thrive in prison.