Attorney asks for second opinion

EPHRATA — An initial mental competency review through Eastern State Hospital has found that a Warden man is fit to stand trial for what police say was an alleged kidnapping and rape of his mother late last year.

Gilberto Guzman, 28, appeared before Judge John Antosz in court on Monday and Tuesday and his defense attorney Brian Gwinn asked that a second opinion be obtained to further determine mental health before proceeding to trial.

Grant County Prosecutor John Knodell stated that he had no objection to the re-evaluation. Guzman's next appearance is scheduled for Aug. 16 when representatives from both sides hope to determine who will provide the second competency review.

The competency review process in this case was court ordered to determine Guzman's mental condition. It is also designed to provide an opinion as to whether the suspect is able to understand the court proceedings, is able to assist his counsel provide adequate defense and is able to perceive the nature and quality of the alleged offense.

Guzman has been in custody since December 2004 when he was initially booked into the Grant County Jail.

He currently stands charged of first degree rape, first degree kidnapping, second degree assault and harassment with threats to kill, court records state.

The alleged incident occurred from Dec. 16-18 of last year, in which the Warden Police Department reported Guzman tied up his then 50-year-old mother and held her hostage. While being held captive by Guzman, she was allegedly both physically and sexually assaulted.

According to court documents, after Guzman had fallen asleep, his mother was able to run to a neighbor's house and call for help. She was treated for head injuries at that time.

She was eventually able to provide a statement to police which described the ordeal.