Source: Lake Geneva Regional News

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Delavan man guilty of sexual assaults

by Rob Ireland

January 17, 2013

Burdick
ELKHORN — A 68-year-old Delavan man pleaded guilty Jan. 16 to two felony charges after he sexually assaulted two young girls in his Delavan apartment.

When David L. Burdick, 353 Tyrrell Court, No. 313, is sentenced March 8 he faces up 120 years imprisonment.

Burdick knew the alleged victims, who were 4 and 8 when the assaults began.

A presentence investigation (PSI) was ordered in the case.

A PSI is a report generated by the Department of Corrections that examines the crime, the defendant's history and recommends a sentence.

The only plea agreement in the case is that the prosecutor can't make a specific recommendation for the length of a prison sentence.

Charges against Burdick were filed in June, but the case was delayed because he was sent to a state mental health facility.

The delays in the case started after a doctor determined Burdick wasn't competent to stand trial, and that he needed treatment to regain competency.

Competency isn't related to a defendant's state of mind when the alleged offenses occurred.

Competency is questioned when a prosecutor, defense attorney or judge have reasons to doubt the defendant's ability to understand the legal proceedings and to assist council in legal representation.

Shortly after the charges were filed, Public Defender Travis Schwantes questioned whether Burdick was competent to stand trial.

A doctor evaluated Burdick and determined he wasn't competent, and he was sent to the Mendota Mental Health Institute, Madison.

At Mendota, after Burdick received treatment, he was restored to competency and returned to the Walworth County Jail.

Shortly thereafter, Burdick appeared in front of Judge John Race, but he couldn't communicate with the judge. Later, after making their own observations, the staff at the Walworth County Jail sent Burdick back to Mendota.

Burdick was re-evaluated and it was determined he was competent to stand trial, and he returned to the jail where he is being held on a $15,000 cash bond.

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 older girl said Burdick had touched her numerous times.

She also said she walked in on Burdick doing the same thing to the younger girl.

The older girl said this happened a lot, and she believed the touching began when she was 8, and it made her feel nervous.

The girl said the touching began when she was 4 and continued throughout the years.

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.