Wednesday, Aug. 17, 2005 | 9:56 a.m.
Doctors have determined that a 17-year-old girl accused of beating her 6-week-old cousin to death while babysitting is incompetent to stand trial and is expected to soon be sent to Lake's Crossing, the state's mental facility in Sparks.
Jasmine Hardy is accused of attacking Caleob Hudson on June 28, shaking him, stomping on him and hitting his head on a wooden dresser at a home near Tropicana Avenue and Spencer Street, according to police.
Hardy's attorney, Deputy Public Defender Joe Abood, waived Hardy's preliminary hearing on Tuesday and said he would leave it up to District Judge Joseph Bonaventure to determine whether to order Hardy to Lake's Crossing at her arraignment scheduled for Aug. 23. Abood is confident that Bonaventure will send Hardy to Lake's Crossing.
Abood and Deputy District Attorney Tom Carroll said two doctors evaluated Hardy and determined she is not competent to stand trial.
The public defender said the doctors said although Hardy knows how to behave in court she has no understanding of the charge she is facing, the possible punishment it carries or the roles the judge, prosecutors or defense attorneys play in her case.
Abood said while it was certain Hardy suffered brain damage due to being dropped when she was 2 years old, he stopped short of saying she met the legal burden required to found mentally retarded.
The Clark County School District says Hardy graduated from Valley High School, but Abood said it was his understanding Hardy had been in special education classes for most of her school years.
In Hardy's police report her adoptive mother, Ina Hardy, told authorities that Hardy reads and writes at a second grade level.
School District officials said student confidentiality laws prevent them from saying whether Hardy received an "adjusted diploma," which is given to special ed students as a "termination document.'
Abood said he was still awaiting the results of IQ tests performed on Hardy.
"Upon further testing I have every reason to believe she (Hardy) will be found (to be) mentally retarded," Abood said.
To be considered mentally retarded by the courts, a person must have an IQ of 69 or less.
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