Mental Patient Confession Admissible, Judge Rules

A San Fernando Superior Court judge Wednesday rejected defense arguments that a confession by a Granada Hills mental patient, charged with bludgeoning two teen-agers, was inadmissible because the defendant could not understand his rights.

Judge John P. Farrell ruled that Rudolfo Aguero’s admission that he bludgeoned Kelly McClure, 18, and Jackson P. Utely, 17, as they sat on a curb near his house, could be used as evidence in his trial.

Deputy Public Defender Nelda Barrett argued that Aguero was incapable of knowingly waiving his constitutional rights to silence and to consult an attorney, because he was psychotic and under the influence of powerful tranquilizers at the time of questioning.

Aguero, 34, is charged with attempted murder and assault with a deadly weapon in connection with the July, 1988, attack on the teen-age sweethearts, who were struck on their heads repeatedly with a hammer.

They were left partially disabled by the attack.

Four days after the incident, Los Angeles Police Detective George Daley interviewed Aguero at the Olive View Medical Center, where he had been admitted for psychiatric treatment two days earlier. Aguero said that a voice told him young people were laughing at him, so he got a hammer and went outside, Daley said.

Aguero said, according to Daley, that when he saw McClure and Utely, he hit them repeatedly on their heads with the hammer, which he described as having silver duct tape around the handle. Daley said he found a hammer similar to the one Aguero described at Aguero’s home.

The judge ruled that Aguero had knowingly waived his Miranda rights, despite two psychologists’ testimony that his thought and reasoning processes were severely impaired.

Farrell said he decided to admit the confession as evidence because both Daley and a hospital security guard testified that Aguero appeared to comprehend the proceedings, and requested further explanation when points were unclear to him. The guard said Daley questioned Aguero gently and patiently, and explained his Miranda rights several times.

Both psychologists admitted that Aguero might have understood the proceedings, Farrell said, particularly since he was taking drugs to control his delusions at the time.

Farrell also noted that when he made his confession, Aguero wrote a logical and coherent statement, reflecting a clear thought process.

“He obviously has mental problems, and maybe still does, but you don’t have to be perfect to make a waiver of your rights,” Farrell said.

“He probably was impaired on that day,” Farrell said. “But the evidence was that this interview was short and conducted in a low-key, pleasant manner, and I felt it was likely he had sufficient knowledge to know what he was doing.”