Accused Kidnapper May Not Be Competent to Stand Trial

COURT HOUSE – Is Floribert Nava, the 45-year-old accused kidnapper formerly of Wildwood, competent to stand trial? That is what her attorney H. Parker Smith would like to find out. During a Court appearance on Nov. 14, Smith asked the judge to order such an evaluation.
Nava’s troubles with the law began when she kidnapped a 17-year-old girl and forced her to drive to Philadelphia to retrieve a newborn baby that had been adopted by a family living there. The quick thinking teen smashed her car into a police vehicle while approaching the Ben Franklin Bridge. Nava was arrested and a very high bail was set which she has been unable to make.
In July, Nava was indicted on several charges including kidnapping, carjacking and making terroristic threats. The charges carry a penalty ranging from a minimum of 10 years to a maximum of 20 years. Nava, who needs a translator for court proceedings, has no criminal record in the U.S.
Dec. 19 is set for the hearing date when a judge will decide the competency matter. The Cape May office of the prosecutor intends to bring the case to a jury trial if the defendant is found competent. The office of the public defender that represents Nava said that H. Parker Smith is not permitted to speak to the press.
The Herald contacted renowned expert in competency evaluations, Dr. Donald Franklin who practices in Mercer and Hunterdon counties and has no specific knowledge about the Nava case. He explained, “There are different levels of competency under New Jersey law. The defendant has to be competent to waive Miranda rights if there is a confession involved and competent to stand trial and participate in their own defense. This means that the defendant can assist their own attorney, that they understand the players in the courtroom, that they know who the judge is and that he is in charge the courtroom. They also need to understand that the attorney is there to help them and they not your enemy, and so on.”
In New Jersey, Franklin said the “standard is not that high.” He also noted that there is a difference between a competency evaluation and one for insanity. “It is much more difficult to establish an insanity defense,” Franklin stated. An insanity plea is based on the defendant’s mental state at the time the crime was committed. Also in competency matters the defendant may be found incompetent to stand trial and the trial may be delayed until such time their status changes. Sometimes, after a person is medicated, Franklin noted, they can gain the clarity of mind to then be determined to be competent to stand trial. The court can also dismiss the charges if it is determined that no treatment will render them competent even in the future to stand trial.
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.
For the Herald’s previous coverage of this incident, go to:
http://www.capemaycountyherald.com/article/crime/court+house/91029-wildwood+woman+charged+kidnapping