Judge Refuses to Give Suspect a Castration Option
By Madeline Baró Diaz, Miami Bureau
Originally published in the Sun-Sentinel, June 6, 2002
MIAMI — Accused child molester Ricardo Jose Garcia cannot undergo surgical castration in exchange for a lighter sentence, a Miami-Dade judge ruled Wednesday.
"I will not order you to be castrated," Miami-Dade Circuit Judge Roberto Piñeiro told Garcia. "I will not order you to be mutilated."
Garcia, a former high school teacher accused of molesting an 11-year-old for whom he was babysitting, faces a mandatory life sentence if convicted. His attorneys admit the prosecution has a strong case, with DNA evidence and a confession Garcia gave police.
Garcia, 37, thought surgical castration was the only way to avoid life in prison without parole. But Piñeiro said that allowing Garcia to choose between life in prison and "life as a castrati" is cruel and unusual.
"Allowing a defendant such a choice is barbarous and cannot be condoned in a civilized society," Piñeiro said.
Garcia will now go on trial. His attorneys say the judge's order could be grounds for an appeal depending on the outcome of the trial.
Garcia was trying to use a Florida law that lets judges order sex offenders to undergo chemical castration, allowing the sex offenders to choose surgical castration as an alternative.
Defense attorneys argued that the law allows someone to choose surgical castration as an alternative punishment. Piñeiro sided with the prosecution, however, finding that the law provides for voluntary surgical castration as an alternative to court-ordered chemical castration, not as an alternative punishment.
"I think it was the right decision and I think the judge really agonized over it," prosecutor David Shapiro said.
Shapiro expressed concern, however, that the castration law is still open to interpretation and that other sex offenders in the state might try to use it to get reduced penalties.
Florida is one of several states that have passed laws in the last decade allowing sexual offenders to undergo chemical or surgical castration in an attempt to lower their sexual urges. Craig Trocino, who represents Garcia, said Piñeiro's ruling was well thought out, but he disagrees with it. Trocino pointed out that the victim's mother and police have both said they would be satisfied with a two-year sentence for Garcia, but prosecutors have said they will not offer Garcia a deal.
"Frankly, this case screams for a plea," Trocino said.
The American Civil Liberties Union, which wrote a brief opposing Garcia's offer, was pleased with Piñeiro's decision.
"The court is certainly correct. To allow castration as punishment would violate both the federal and state constitution," said Randall Marshall, legal director for the ACLU of Florida.
The ACLU also opposes mandatory sentencing, but its interest in the Garcia case was over the castration issue, Marshall said.
"Our view here was it doesn't matter what the facts are. Castration as a form of punishment should not be condoned in society," he said.
