Aldachach Not Competent to Stand Trial

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By: 
Kevin Murphy

MADISON–A former Middleton High School student accused last year of sexually assaulting a coed was found not competent to stand trial Friday by Dane County judge.

Circuit Judge Susan Crawford suspended criminal proceedings against Mohammad K. Aldachach, 19, and ordered him to undergo outpatient treatment to restore his competency.

Assistant District Attorney William Brown and Aldachach’s attorney, Mark Eisenberg, each told Crawford that they agreed with conclusion of Craig Schoenecker, M.D., a court-appointed psychiatrist. Schoenecker interviewed the former MHS senior and found that Aldachach couldn’t assist with his defense against charges of second-degree sexual assault of a child.

Aldachach answered, “Yes,” when Crawford asked him if he agreed with the doctor’s assessment of his competency.

Competency reports are confidential.

While he is undergoing counseling, Aldachach will be periodically reevaluated to determine if he has regained competency to assist in his defense and understand the nature of the charges against him.

After receiving a report that Aldachach has regained his competency, a judge would restore the charges against him and the criminal proceedings resume.

While undergoing treatment, Aldachach’s conditions of release are continued including having no contact with other parties to the offense and comply with a 10 p.m. to 7 a.m. curfew, unless he is supervised by a responsible adult.

On Aug. 7, the day Aldachach was scheduled to plead guilty and be sentenced, Eisenberg asked for a competency evaluation saying his client’s answers that morning “didn’t make sense,” and he seemed upset.

Eisenberg told Crawford that he had worked out a resolution to the case with the prosecutor but needed to be satisfied that Aldachach was competent to enter a plea in the case.

Crawford added the curfew to Aldachach’s conditions of release in August after Assistant District Attorney Gerise Marie Laspisa told her about Aldachach being involved in a disturbance at a Culver’s restaurant in Middleton.

Crawford declined Laspisa’s request that Aldachach wear an electronic monitoring bracelet while released on conditions. 

Aldachach was charged in December with second-degree sexual assault of a child, a felony which is punishable by up to 40 years in prison and a $100,000 fine.

The criminal complaint alleged that:

A 14-year-old, female victim and Aldachach both attended MHS last year. The girl went with a friend to the home of a 16-year-old boy that she also knew from school. The girl told authorities that she was sexually assaulted twice by Aldachach and three times by a 16-old-year boy.

The assaults began sometime after 9:30 p.m. on Nov. 21 and concluded about 3 a.m. on Thanksgiving Day.

The boy’s case was adjudicated in juvenile court which seals records from the public.

 

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