Alleged sexual predator was back on local streets because of incompetency

When mental treatment won't help, what do you do with a suspected criminal?

LOUISVILLE, Ky. (WAVE) - The man accused of beating and raping an 8-year-old girl once admitted to sexually assaulting a woman and biting part of her face off two years ago.

In that 2017 case, a Louisville judge ruled Cane Madden was incompetent to stand trial, and those charges were dropped this year.

Less than six months later, Madden is charged with hitting and sexually assaulting an 8-year-old girl.

People who live in the California neighborhood where the young girl was attacked told WAVE 3 News on Monday that they don’t understand why Madden is allowed on the streets if he’s incompetent to stand trial.

Some in the neighborhood said they are disgusted that the 29-year-old Madden was able to come to their California neighborhood and allegedly rape and attack the young girl.

"The judicial system is messed up by letting him out,” said a man who lives near the young girl.

In 2017, Madden told police he sexually assaulted a woman, bit part of her face off and threatened to kill her. Court documents showed that in February of this year, Judge Annie O’Connell ruled him incompetent to stand trial for that case after six mental evaluations.

“If found incompetent and not likely to gain competency, then the case is dismissed,” Assistant Commonwealth attorney Emily Lantz said. “In Kentucky, that means they get let go.”

Lantz was the prosecutor in the 2017 case. She said when a judge declares that someone is incompetent, her office can ask University of Louisville Hospital to do an evaluation to have the person involuntarily hospitalized.

However, if doctors agree mental treatment won’t help the person reach competency, there’s no Kentucky law that keeps suspects behind bars or committed to mental or health institutions.

In court Monday, Madden’s representation said he’s never been found competent to stand trial, and asked for his new charges to be dismissed. The judge denied that request.

WAVE 3 News asked Lantz what can be done moving forward since Madden has previously been found incompetent.

“The only thing we can do is try our best to convince a judge that he is competent,” Lantz said.

Madden’s bail is currently set at $1 million. He’s due back in court Aug. 22.

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