July 17, 2012 | 03:33 PMELKHORN — The criminal proceedings against a 67-year-old man accused of sexually assaulting two young girls are on hold after he was found not competent to stand trial.
David L. Burdick, 353 Tyrrell Court, No. 313, Delavan, was charged with two counts of repeated sexual assault of a child. If convicted, he faces up to 120 years imprisonment.
Burdick knew the alleged victims. One of the alleged victims was 4, and the other was 8 when the assaults allegedly began.
A lack of competency does not mean the charges are dismissed. Instead, the state can't proceed with it at this time.
Burdick's public defender, Travis Schwantes, raised the competency issues in June. He said he couldn't comment on why the issue was raised because of attorney-client privilege.
Competency is questioned when a prosecutor, defense attorney or judge have reasons to doubt the defendant's ability to understand the legal proceedings and assist council in legal representation.
An inpatient state medical facility will attempt to restore Burdick to competency. Every three months, the facility will review Burdick's competency to see if he is able to understand the criminal proceedings.
If he is restored to competency, he won't be released. Burdick's $15,000 cash bond will remain in place.
Prosecutors filed a motion on behalf of the alleged victims to have Burdick tested for HIV. However, that motion is also on hold at this time.
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.