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Created on Friday, 18 July 2008 07:32

Fred Magondu, the Kenyan nurse charged with raping a 14 year old disabled boy in Philadephia three months ago, was in court yesterday for his preliminary hearing. At the hearing, his lawyer, John Fioravanti, attempted to block the inclusion of the DNA report matching his DNA with DNA collected from the bedsheets at the boy’s home.

He argued that because a DNA expert was not available to answer technical questions that might arise from the report, the report should not be included as evidence against his client. But the Deputy Chief District Attorney Monica Furber countered that a lab technician would be available during the trial and the document should, therefore, be accepted.

Magondu is in custody on a US$250,000 bond and also faces a possible immigration hold after this case is adjudicated.

Magondu was arrested in mid-June for allegedly raping the 14-year-old boy at some point during an overnight shift at the victim's home April 29 into 30, according to court records. At the time of the alleged incident Magondu was one of several practical nurses who helped the victim's parents with his medical care throughout the day.

The victim has cerebral palsy that has left him without the use of his arms and legs, he has swelling of the head, is partially blind, unable to speak and is fed liquids through a feeding tube, according to his mother, who testified at Wednesday's preliminary hearing.

“He can't talk or read,” she said. “He lets you know if he likes something by smiling or laughing or crying.”

The mother said her son had no injuries when she changed his diaper about 8 p.m. April 29. Then Magondu took over caring for the child and prepared him for school the next morning after she left, she said.

Another individual care nurse, who has been caring for the boy for about nine years, discovered injuries to the boy when she attempted to change his diaper after he arrived at school April 30.

Magondu has been a practical nurse since June 2006 and had renewed his license in June, according to Department of State records. He had been caring for the boy for about a year prior to the incident. He has no prior criminal record in Pennsylvania, according to state records. Magondu remains in prison on $250,000 bail. He will also have to answer questions about his immigration status before he can be released.

Magondu's family and friends declined to comment.

The newspaper is withholding information about the teen to protect his identity.

Matt Coughlin can be reached at 215-949-4172 or This email address is being protected from spambots. You need JavaScript enabled to view it. .