Lawyer: Insanity a defense in kids-out-window case

AP News
Posted: Oct 03, 2014 4:44 PM

LAS VEGAS (AP) — A defense lawyer said Friday he plans an insanity defense for a 34-year-old Las Vegas mother of three accused of throwing her two youngest children out a second-story window before jumping out herself.

Attorney Benson Lee said he decided not to contest a judge's finding that Luz Robledo Ibarra is mentally fit for trial.

Lee noted the legal standard for competence calls only for a defendant to be able to understand the proceedings and assist in his or her defense. Insanity can be proved before a jury.

Lee said he intends to show that Ibarra was so depressed after giving birth a year ago that she didn't know what she was doing early June 12 at her northeast Las Vegas home.

The lawyer noted that a doctor told police he prescribed an antidepressant for Ibarra after she complained of insomnia, anxiety, headaches and back pain following the birth of her youngest child last November.

The 7-month-old son was hospitalized with severe head and leg injuries, and police said Ibarra's 1½-year-old daughter received multiple facial fractures in their fall from the window. Ibarra was treated for a broken pelvis.

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Lee said the children are living now with their father at home.

Clark County District Court Judge Linda Marie Bell scheduled Ibarra to appear Oct. 10 in Las Vegas Justice Court, where she faces a preliminary hearing on charges including attempted murder and felony child abuse.

She could face up to 80 years in state prison if she's convicted.

Two family members attended Ibarra's court hearing Friday. They declined to comment afterward.