Cuyahoga judge rules 3 boys in rape case are unfit to stand trial

CLEVELAND (AP) -- A judge has thrown out the cases against three boys charged with raping a classmate after finding them mentally incompetent to stand trial.
In April, a 17-year-old special-education student at East Tech High School accused the three 15-year-olds of raping and assaulting him three times within a two-week span.
Cuyahoga County Juvenile Court Judge John Gallagher did not rule on the accusations but said all three were unfit to stand trial based on psychological analyses.
Psychologist Joseph Konieczny testified that the boys are mentally retarded with IQs less than 50, Assistant County Prosecutor Carmen Naso said.
Gallagher rejected the prosecution's objection to his decision and a request to have the boys independently assessed.