Judge Orders Psychiatric Testing in Child-Torture Case : Courts: Cynthia Medina pleads not guilty to harming nephew. ‘She is not emotionally and mentally well’ and is unable to assist in her own defense, her lawyer says.

A judge ordered an Orange woman, charged with torturing and abusing her 10-year-old nephew, to undergo psychiatric testing after her lawyer contended Friday that she is incapable of standing trial.

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The action came after Cynthia Medina pleaded not guilty to the charges against her in the county’s first child-torture case. Criminal proceedings against the 31-year-old woman in Municipal Court in Santa Ana will be halted until the questions of her mental capability are resolved in Superior Court.

“She is not emotionally and mentally well,” said Medina’s lawyer, Richard C. Gilbert. “She can not assist us with the case. . . . Now we will have the guidance of the court on this issue.”

Gilbert said he consulted a therapist who agreed that Medina is incapable of standing trial. He did not elaborate on reasons leading to the conclusion.

Medina faces a hearing in Superior Court on Monday, at which time a judge will likely appoint two psychiatrists to evaluate her mental competency, Deputy Dist. Atty. Charles Middleton said.

Depending on the results of the psychiatric testing, Medina could face a court hearing, possibly involving a jury, to determine her mental competency, Middleton said.

If she is found competent either through the evaluations or a hearing, she would go back to Municipal Court for further criminal prosecution. A finding of incompetence would mean she would be sent to a state mental hospital until she is able to stand trial.

Medina is charged with three counts of felony child abuse and one count of torture in a case that has caused a furor in Orange County and raised awareness of the role and legal responsibilities of teachers, social workers, police, doctors and others who are required by law to report suspected abuse.

Authorities say Medina abused her nephew over the last year by burning his tongue with heated knives and whipping him with electrical cords. On Sept. 7, authorities allege, she punished him for playing with her marijuana cigarettes by searing his tongue again and anally penetrating him with a miniature souvenir baseball bat, causing internal injuries so severe he required a colostomy. Her lawyer has said that Medina admits abusing the boy, but says the allegations about hot knives are untrue and that the anal penetration was a “freak accident.”

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The former elementary school playground supervisor could receive a life sentence if convicted of torture. She is also charged with abusing her own 9-year-old son and remains in custody in lieu of $100,000 bail.

On Friday, Municipal Judge Charles Margines denied a defense motion to dismiss all charges against Medina. Gilbert said he believes the California statute on torture is vague and unconstitutional, and said he will now take the issue to the state Court of Appeal.

The attorney contended that under the torture statute, just about anyone could be charged with the crime, and that his client has been singled out unfairly.

The prosecution has countered that the statute, which prohibits inflicting unusual or extreme suffering resulting in great bodily injury, matches the facts in the case exactly.

Medina’s husband, Edward, has been charged with three counts of felony child abuse for allegedly failing to stop the abuse of his nephew and his own son. Edward Medina, who has been released from custody on his own recognizance, also appeared in court Friday. He was ordered to return Nov. 18 for a hearing to determine if there is enough evidence to send his case for trial in Superior Court.

Authorities say the 10-year-old boy was living with his maternal aunt and uncle because his mother could no longer care for him. The boy’s father and maternal grandmother say they intend to seek custody. The boy and his cousin were removed from the home by the county Social Services Agency.

The boy’s father, who is not being identified to protect the child’s anonymity, said he agreed with the court’s decision to keep the torture charge against the Medinas.

“Because it was torture,” he said. “I don’t think they should get away with it. If they get away with it, others will get away with it.”

Choking back tears, the father said he had recently visited his son, who still requires a colostomy bag because of his injuries. He didn’t know when it might be removed.

He said he planned to attend every court hearing to make sure the Medinas are adequately punished, but he added that it is difficult to control himself.

“I’m holding back,” he said. “It was my son they tortured.”

Times staff writer Susan Marquez Owen contributed to this report.