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“I came to the conclusion that he is not competent to stand trial, and he could not be restored to competency or be made competent.” Hirschhorn, who is representing Rodriguez for free, asked the psychologist if the defendant could testify on his own behalf.

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Valdes said she evaluated Rodriguez after his parents called her following the federal raid at their home in September 2014. Attorney Jonathan Kobrinski challenged Valdes, saying that when she was asked by Rodriguez’s parents to evaluate him, it was not to determine his competency to stand trial.In the digital age, federal prosecutions of defendants accused of downloading, possessing and sharing Internet images of minors having sex with adults are common across the country. Anthony Mangione cut a plea deal and is serving nearly six years in prison — a relatively light sentence for this type of offense.But Rodriguez’s case, compared to Mangione’s and many others, is highly unusual because of his unique personal profile.“He answered the questions correctly, consistently and precisely.” But a South Florida neuropsychologist, who has volunteered her time to evaluate Rodriguez, gave a starkly different assessment. Jacqueline Valdes, says his low IQ places him in the range of “borderline impaired” with overall cognitive abilities in the fourth percentile of the population.It further shows his reading, math and other educational skills are at the third- and fourth-grade level of achievement.For those specific counts--he's still going to jail on other, related charges--Kent was found to have not committed an "affirmative act" such as downloading, saving, or printing the image files in order to "possess" them; rather, they were passively saved by his browser in its hidden cache.

This may sound like a minute technicality, but it's in fact a revealing comment on the way we consume today's web.

Valdes testified on Tuesday that he has “high-functioning autism,” meaning that he can care for himself, including bathing, dressing, eating and doing rote things — but he is anti-social, avoids eye contact, has speech problems and cannot reason.

He also has no outside interests, such as driving, dating or getting a job.

For starters, Rodriguez surrendered to authorities in December after the federal raid at his parents’ home last September.

Because of his mental deficiencies, he was granted bail in January under the supervision of his mother with strict conditions, including no access to the Internet. attorney’s office pressed forward with a six-count indictment, Rodriguez had to undergo psychological evaluations while incarcerated at a federal prison for four months to determine whether his competency could be “restored” for trial.

“Your dad said to you, ‘You’re not going to do this again,’ ” the prosecutor reminded him.