LOUISVILLE, Ky. — (WHAS11)- The man accused of raping and fracturing the skull of an 8-year-old girl in Louisville in August will not have his charges dropped.
The defense tried to dismiss 30-year-old Cane Madden's case arguing he has been found not competent to stand trial in the past, but the commonwealth objected, leaving Judge Annie O'Connell to schedule a January 17 hearing.
The Cane Madden case is drawing attention to a Kentucky law that essentially allows mentally ill defendants who aren't competent to stand trial and by law, can't remain hospitalized, to walk free.
Because of this loophole, the 30-year-old has been charged time and time again, accused of different actions, and let back out on the streets.
He has been found not competent to stand trial almost ten times. One day before he allegedly assaulted the 8-year-old, authorities had him in custody, but Madden was ruled incompetent to stand trial yet again, in a May theft and burglary case, and he walked free.
Community members who live near that little girl, showed up to court today, saying this can't happen again.
"If you are competent enough to tell police what you did, you're competent enough to stand trial for what you did," said Yolanda Walker, who lives in the California community. "There is no way that you can set this man free. How can the court release someone in this manner?"
"Kentucky needs to get it straight, prevention is the key," said Henrietta Dean, another community member.
But keeping him behind bars, regardless of his alleged crimes, is not simple. Here's where it gets complicated. A Kentucky Judge must decide whether someone is competent to stand trial, based on psychiatric evaluations. But another set of laws lays out the criteria for if someone can be involuntarily hospitalized. The person must present a danger or threat of danger to self, family or others as a result of the mental illness. If they can reasonably benefit from treatment. And for whom hospitalization is the least restrictive alternative mode of treatment available. The person must meet all of these criteria if not, the hospital must release them by law.
That's what's been happening with cane madden.
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