Man accused in assault on baby denies charges

Man accused in assault on baby denies charges

April 3, 2001

By Aspen C. Emmett
Journal Staff Writer

An 8-month-old baby girl critically injured during an alleged sexual assault last Wednesday evening is continuing to recover at Denver Children’s Hospital, said District Attorney Joe Olt on Monday afternoon.

The baby is reportedly doing "OK" and may be released later in the week depending on her progress, Olt said.

The hospital would not comment on the infant’s condition because of the allegations surrounding her injuries.

The suspect in the alleged assault, 21-year-old Joseph E. Stuckman of Cortez, told police that he could have accidentally penetrated the baby with his finger while changing her diaper, according to Montezuma County Court records. He denied penile penetration.

Cortez Police Chief Roy Lane said physical evidence had been gathered from the baby and sent to the Colorado Bureau of Investigation for analysis.

According to an affidavit for warrantless arrest, the baby was with her father and Stuckman Wednesday night when they drove to a liquor store and then stopped at a friend’s house. While they were at the friend’s house, the baby was apparently left in the vehicle with Stuckman while the father went inside for about 10 minutes.

In the father’s absence, Stuckman said, he decided to change the baby’s dirty diaper, according to the affidavit. However, police were not able to find a dirty diaper where Stuckman claimed to have disposed of it and the father said there had been no extra diapers in the vehicle, the affidavit said.

When the father returned home with the baby and Stuckman, the baby’s mother — who had been in Dolores with a friend for the majority of the day — saw blood in the baby’s diaper and took her to Southwest Memorial Hospital where police responded.

Lane said the baby was then airlifted to Denver, where she underwent six hours of surgery to repair vaginal and anal lacerations.

According to the affidavit, Stuckman voluntarily went to the police station for questioning and was arrested the same evening.

The baby’s father told police he did not know of the baby’s injuries until the mother discovered the bloodied diaper.

Lane said he did not know if either of the parents had acted negligently leading up to the assault on the infant, and said that for now, those concerns were outside of the focus of the immediate investigation.

Olt said the case is a high priority for his office and that he would be filing the charges against Stuckman just as soon as he received the final police report. Stuckman faces charges on at least two counts — Class 2 felony first-degree sexual assault on a child and Class 3 felony second-degree sexual assault on a child.

If convicted, Olt said, Stuckman could face a minimum of four years and maximum of 48 years.

But pending charges for unrelated alleged offenses have suggested that Stuckman may not be deemed mentally competent to stand trial.

According to district-court records, Stuckman is charged with theft and auto trespass, but the case is scheduled for a review hearing on April 5 to determine his ability to comprehend the charges.

Another unrelated pending case, this one in county court, also hinges on the court’s ruling on mental competency. In that case, Stuckman is charged with third-degree assault and child abuse causing injury on a 15-year-old boy.

"We believe that he’s competent to stand trial," Olt said Friday. "The court has a hearing set on the 5th to figure out what they were going to do with him (on the unrelated charges) but on April 4, we’re going to ask the court to find him competent."

Olt said that if Stuckman is not ruled competent, he would likely be sent to the state mental hospital in Pueblo.

In 1994, Stuckman was sentenced to 12 months’ probation for underage consumption, and in 1998, a charge against him for harboring a runaway was dismissed in Montezuma County Court.

Stuckman is currently being held at the Montezuma County Jail on a $100,000 bond. His first court appearance for the sexual-assault allegations is scheduled for Wednesday morning in county court.

Lane said the names of the baby and her parents would not be released, to protect their privacy.