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Judge delays trial in school killing

  |   June 3, 2008 at 10:12 PM
MIAMI, June 3 (UPI) -- A Miami judge delayed the trial Tuesday of a young man accused of killing a friend in 2004 in a middle school bathroom.

Michael Hernandez, 18, has been declared competent to stand trial. Circuit Judge John Schlesinger postponed the trial until September because a defense attorney wants to use a psychologist from a competency hearing as an expert witness at the trial, The Miami Herald reported.

The lawyer, Richard Rosenbaum, argues Hernandez was insane at the time of the killing. Hernandez was 14 when he allegedly stabbed Jamie Gough, who was the same age.

The psychologist, who was appointed by the court, found Hernandez competent. But she also testified at the hearing that he was disturbed.

The judge gave prosecutors more time for depositions to prepare for the testimony.

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