MIAMI -- There was a surprise in court Tuesday as the attorney for Michael Hernandez hinted for the first time at what the teenager's defense might be.
The 14-year-old is charged with the stabbing death of classmate Jaime Gough at Southwood Middle School in February.
During a hearing to discuss how the defense of the teenager will be paid for, Michael Hernandez sat looking straight ahead as his lawyer, Richard Rosenbaum, said he would probably use the defense of insanity when the boy is eventually tried for murder.
Rosenbaum says experts hired by the defense found Michael to be seriously mentally ill.
"And if he is not competent and not able to assist in his defense and doesn't have a rational understanding, then I've got a child that I've got a difficult time defending and who has a difficult time getting a fair trial," Rosenbaum said.
Gough's father listened as Judge Henry Leyete-Vidal openly questioned the candor of Hernandez's parents, who are asking for help in paying their son's legal fees, which are expected to run over $100,000.
The family lists the value of its South Dade home as $179,000, and Jesus Hernandez claims to bring home only $100 a month from his business.
Leyete-Vidal appeared skeptical.
"I suspect that based on the neighborhood and based on property values nowadays, it's not the number that it says on the form," Leyete-Vidal said.
The judge said the family should first dip into the $50,000 in the non-profit defense fund they have set up for their son.
Later, their attorney said the family was not trying to hide anything.
"No, no," Rosenbaum said. "These are the most honest people that I've met in my life. They wouldn't try to deceive anyone … Maybe we as lawyers are not explaining the forms properly."
A hearing to determine the mental state of Michael Hernandez is scheduled for October. For now, he continues to be held without bond.
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