Modesto man's assault, rape trial delayed again over his mental competency

07/24/2013 3:32 PM

07/24/2013 11:03 PM

A judge on Wednesday scheduled a jury trial Oct. 28 to determine whether a man accused of assault and rape is mentally fit to stand trial.

Authorities say Pedro Vicente Aguirre beat a couple in their south Modesto home before kidnapping and raping their 3-year-old daughter 14 years ago.

This will be Aguirre's second mental competency trial. A jury decided in May that he was capable.

The rape and assault trial was scheduled to start last month, but the judge canceled it and suspended the proceedings after the defendant's mental health came into question again.

On June 7, Aguirre disrupted a pretrial hearing by ranting loudly and incoherently, forcing the judge to remove him from the courtroom. The defendant remains in custody without bail.

Aguirre, 36, is charged with two counts of attempted murder, forcible aggravated sexual assault of a minor, kidnapping to commit rape, committing a forcible lewd act on a child younger than 14, burglary and child endangerment.

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