Judge orders examinations for sex offender who wants surgical castration

Associated Press, Posted May 17 2002, 6:40 AM EDT

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MIAMI -- A sex offender must undergo medical and psychological examination before a judge will rule on his request to be surgically castrated as punishment for molesting an 11-year-old boy.

Ricardo Jose Garcia, 37, made the request earlier this week to avoid a trial where, if convicted, he would face a mandatory life sentence for abusing someone so young. Garcia has admitted to the charges.

Miami-Dade Circuit Judge Roberto Pineiro on Thursday ordered the examinations and hoped to have their results back in time for a May 30 hearing.

``I need to have some expert testimony ... I need a lot of questions answered before I take such a drastic action,'' Pineiro said.

Florida law does not allow sex offenders to reduce their prison terms by submitting to chemical castration.

Garcia's attorneys contend the law does allow a shorter sentence with physical castration. Prosecutors disagree.

Pineiro said Thursday he hasn't yet decided which interpretation is correct.

``Even if I decide the defense is right, then I have to decide if this would be constitutional,'' the judge said.

Prosecutor David Shapiro urged the judge to consider the legal and moral ramifications if Garcia's request were approved.

``What would be next? Would a thief or robber or burglars be able to come before the court and say I'll have my arms removed for a lesser sentence?'' Shapiro asked.

Defense attorneys Roberto Pertierra and Craig Trocino rebutted by saying castration is allowed by statute and limb removal is not.

Miami-Dade County police arrested Garcia, then a popular social studies teacher at Miami Northwestern High School, in April 2001 for allegedly performed oral sex on a boy he was baby-sitting. He is under house arrest on $75,000 bond.

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