MILPITAS, Calif. (KTVU) - The attorney for the man suspected of kidnapping a 3-year-old boy from the Milpitas library said her client thought he knew the victim and he also suffers from schizophrenia.
A judge also ordered 23-year-old Alfonso Edington to stay away from the family for one year.
Edington did not enter a plea. His attorney said a possible defense could be a plea of not guilty by reason of insanity.
According to Edington's attorney, he's schizophrenic and thought he was doing the right thing. He told police he was trying to help the child.
Edington allegedly took the boy from the "Children's Section" of the Milpitas Library on June 5.
VTA Driver Tim Watson essentially saved the day after spotting both Edington and the child on his bus heading to Fremont BART.
Edington's attorney said her client had no intention to harm the child. She said surveillance video from the VTA bus supports that claim. She also said he was having an episode and was not under any medication for his mental illness at the time.
"He believed he recognized the child," said Public Defender Nisreen Baroudi. "He was attempting to return the child to his mother. He believed that the mother and child resided in Antioch which explains why he would get to the VTA to the Fremont BART."
"Right now we are still treating it as a felony kidnapping," said Deputy District Attorney Brandon Cabrera. "That's how we are proceeding. If we get more information about any mental illness we will evaluate it at that time."
Last week, KTVU interviewed the victim in a battery case out of downtown Los Gatos.
The victim said Edington sucker punched him out of nowhere. The victim said he knew Edington was mentally unstable and needed help.
Edington's attorney is looking into getting a mental health evaluation done.
Edington's next court appearance is July 16.