Cortez Journal

Man accused in assault on baby to face hearing

June 14, 2001

by Aspen C. Emmett
Journal Staff Writer

A Cortez man accused of sexually assaulting an 8-month-old baby girl in March may be restored to competency as early as September, said District Attorney Joe Olt.

Last winter, 21-year-old Joseph Stuckman of Cortez was declared incompetent to stand trial in an unrelated case in which he was charged with third-degree assault and child abuse causing injury for an alleged attack on a 15-year-old boy.

Now charged with three counts for the alleged sexual assault of an infant, Stuckman must be restored to competency before prosecution of the case can proceed.

During Stuckman’s arraignment hearing in April, defense attorney Suzanne Carlson stated that a Durango psychologist had found him to be moderately to severely retarded with an IQ of 50, deeming him incompetent.

However, during a review hearing in Montezuma County Court Tuesday, a therapist at the state mental hospital in Pueblo told the court via phone that, although nothing has changed since Stuckman was transported more than a month ago, he will likely be restored to competency within the next three to four months.

Another review hearing is set for Sept. 9.

Following the alleged assault, Stuckman said he might have accidentally injured the child while changing her diaper but denied penile penetration, according to the arrest affidavit.

The baby, who was initially in critical condition and was flown to Denver Children’s Hospital, is reportedly back at her home in Cortez and continues to recover from her severe injuries.

If convicted of the assault, Stuckman faces up to 40 years in prison.

Copyright © 2001 the Cortez Journal. All rights reserved.
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