2nd-Degree Sexaul Assault Dismissed

The Dane County District Attorney's Office filed a felony charge of second-degree sexual assault against our client, alleging he inappropriately fondled a woman who was serving as a family babysitter.  The client was referred to our firm by a different lawyer in the Madison area.  During the initial consultation, the client's family members informed our lawyers that the client was suffering from serious medical problems involving his brain.  These medical issues could have played a part in any alleged conduct if true.  After multiple meetings, however, it became clear to Attorney Tim Verhoff that due to his medical issues, the client was not able to assist in his own defense.  In short, the client lacked the ability to form short-term memories.  Prior to the preliminary hearing, our lawyer raised the issue of competency to the judge.  The assigned prosecutor initially was skeptical.  However, the judge ordered an evaluation by a government doctor.  After the evaluation, the doctor agreed with our attorney's hunch that the client was not competent to proceed in the case.  Still skeptical, the prosecutor asked the court to suspend proceedings and an order for a second evaluation to be completed.  The second evaluation produced the same results.  Pursuant to a reasonable degree of medical certainty, the client was not competent and was not likely to regain competency due to his brain condition.  Given the circumstances, the prosecutor agreed to dismiss the charge against our client.  Although the client's mother remains devastated by her son's medical condition and prognosis, she was appreciative that we immediately recognized the legal problem and obtained the appropriate outcome as quickly as possible.