Tags: Crime, Top of page
June 12, 2012 | 03:26 PMELKHORN — A 67-year-old Delavan man allegedly admitted to a detective that he assaulted two young girls, according to a recently filed criminal complaint.
David L. Burdick, 353 Tyrrell Court, No. 313, has been charged with two counts of repeated sexual assault of a child.
If convicted, he faces up to 120 years imprisonment.
The victims in the case knew Burdick. The assaults allegedly began when one of the girls was 4 and the other was 8.
On June 5, Walworth County Circuit Court Judge John Race ordered a psychological evaluation to determine Burdick's competency.
The competency evaluation was requested by Burdick's attorney, Public Defender Travis Schwantes.
"When a compentecy evaluation is requested it means either the judge, the prosecutor or the defense attorney have reason to doubt the defendant's ability to understand the proceedings against him and to assist council in the legal representation going forward," Schwantes said. "When there is a reason to doubt competency, whether it's the judge, the prosecutor or the defense attorney there is an ethical obligation to raise that issue. The idea is that you can't really go forward with a criminal court proceeding unless any doubts with respect to competency are resolved."
Schwantes said he can't discuss why he requested the competency evaluation, that information is privileged.
If a doctor performing the evaluation determines Burdick is competent, the court proceedings will proceed as usual.
However, if that doctor determines Burdick is not competent, court proceedings take a different turn. The prosecutor, defense attorney or even the defendant can challenge that determination. Also, attempts can be made to restore the defendant to competency.
Schwantes said he is expecting a competency report back within four weeks. Burdick is next scheduled to appear in court July 6.
Schwantes also pointed out that the competency test only relates to the court proceedings and not the defendatn's state of mind during the alleged offense.
According to the criminal complaint:
Walworth County Sheriff's Det. Robert Schiltz observed interviews of the two victims on May 24 and 25.
The interviews were done by Paula Hocking, a forensic interviewer at the Walworth County Child Advocacy Center.
During the interview, the 9-year-old girl said that Burdick had touched her numerous times.
She also said she walked in on Burdick doing the same thing to the 8-year-old.
The 9-year-old said this happened a lot. The 9-year-old said she believed the touching began when she was 8 and it made her feel nervous.
When Hocking interviewed the 8-year-old, the girl said she was keeping a secret and didn't want to get in trouble. The girl said the touching began when she was 4 and continued throughout the years. The girl reported that she told Burdick to stop, but he wouldn't.
On May 25, Walworth County Sheriff's Det. Michael Lambert interviewed Burdick about the alleged assaults.
During the interview, Burdick allegedly admitted to touching the victims. He also said this happened more than 10 times.