Prosecutors Drop Drug Smuggling Charges against Man with Low IQ

By Brian Cole

Published on January 08, 2007

15 months ago, José Luis Temores Ramos was arrested while attempting to enter the U.S. from Mexico with more than 100 pounds of marijuana in his car bumper. Tomores, a Mexican fieldworker with the mental capacity of a 7-year-old is now free after a jury in his San Diego federal trial deadlocked. Prosecutors subsequently decided to drop the charges.

Temores’ lawyer, Wendy Gerboth, argued her client was not mentally competent to stand trial. U.S. District Judge Dana Sabrow found that Temores was competent because, to stand trial, a defendant only needs to understand what’s happening and be able to help a defense lawyer. Gerboth then stuck with her earlier assertion that her client did not know about the drugs and, because of his mental state, could easily be taken advantage of by criminals.

Law Professor Shaun Martin of the University of San Diego said the case was interesting because the law does not take into account whether a person is mentally retarded. He said that if a person does not knowingly commit a crime, then he or she is not guilty.

During the trial, Gerboth presented expert testimony as to Temores’ mental capacity, placing his IQ between 57 and 70, a level that is considered mild retardation.

Prosecutors explained that dropping the charges was “the just thing to do.”

Comment on this article →