Sweden mother accused of killing son deemed incompetent for court

Court proceedings for the Town of Sweden mother accused of killing her own son have been delayed. Hanane Mouhib’s lawyer said she is not competent for court. (WHAM photo)

Rochester, N.Y. (WHAM) – At a court proceeding inside the Monroe County Courthouse Monday, the defense for Hanane Mouhib argued she is not mentally or physically capable for court at this time.

Mouhib remains at a secure psychiatric center in the Utica area.

Deputies said Mouhib stabbed and decapitated her 7-year-old son Abraham Cardenas in their Sweden home in April.

Her last court appearance was in May. At the arraignment, Mouhib was brought into the courtroom in a wheelchair. She pleaded not guilty. Her doctors determined she was not competent for court.

Monday, court was adjourned after Mouhib's lawyer Joshua Stubbe said she's in no condition to be moved from the psychiatric center to the courthouse.

"I've also had a psychiatrist speak to her, as well as our investigator,” Stubbe said. “Her condition may have improved slightly, but not nearly enough for the doctors to consider any sort of a change in her incompetent status."

Monroe County Asst. District Attorney Sara Vanstrydonck said they are prepared for when she comes back into competency.

"When someone is not competent to assist in their defense, or provide their attorney with any support, or they're not able to appreciate the proceedings, then we can't go forward,” Vanstrydonck said. “It's as simple as that. Our office remains ready to try the case.”

Mouhib's attorney said he doesn’t know when the status of her condition might change. He initially asked the judge presiding over the case to put the next court proceeding off for six months.

The judge in the case instead scheduled the next court date on November 19.

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