Suspect in sexual assault arraigned

Suspect in sexual assault arraigned

April 5, 2001

By Aspen C. Emmett
Journal Staff Writer

Joseph Stuckman, the suspect in an alleged sexual assault on an infant, was arraigned in Montezuma County Court Wednesday morning.

Judge Chris Leroi read the formal charges aloud and then entertained discussion regarding a competency hearing. Stuckman stood solemnly throughout the proceeding and only spoke once to say he had no questions.

Charged with three counts — Class 3 felony assault on a child using force, Class 2 felony first-degree aggravated sexual assault and a sentence-enhancing charge of violent crime causing death or serious injury — Stuckman was advised that he could face up to 80 years in prison if convicted on both of the felony charges.

Stuckman is accused of a March 28 sexual assault on an 8-month-old girl who sustained critical injuries and was airlifted to Denver Children’s Hospital, where she underwent several hours of surgery.

The child is reportedly improving and could have been released as early as yesterday, said District Attorney Joe Olt.

Denver Children’s Hospital would not comment on the infant’s condition or admittance status due to the allegations surrounding the baby’s injuries, said hospital public-relations director Jennifer McCarty.

Stuckman is scheduled to appear in district court today for a review hearing about his mental competency in regards to unrelated charges of theft and auto trespass.

Stuckman’s court-appointed defense attorney, Suzanne Carlson, told the court Wednesday that a December evaluation by a Durango psychologist had deemed him incompetent in the pending case and that additional evaluations were perhaps redundant.

Carlson said she hadn’t had an opportunity to fully review the evaluation, but stated it had characterized Stuckman as moderately to severely retarded, with an IQ of 50.

Olt argued that any previous evaluations were not up-to-date, nor were they done to the fullest extent possible.

"Judging the seriousness of this case, we would like a full competency evaluation conducted at the state hospital," Olt told the judge.

Leroi said Stuckman’s alleged crimes in the past were not of a violent nature and the evaluation had been conducted to see if he would be able to be treated as an outpatient rather than through incarceration.

However, the sexual-assault allegations are of a different nature, Leroi said.

"It appears ... there is a serious concern of mental illness causing a danger to the community and to others," he said.

The court set a hearing Tuesday to discuss the need for further competency evaluation. Stuckman remains in custody at the Montezuma County Jail with a bond of $100,000.