LOUISVILLE, Ky. (WAVE) - A Louisville man accused of raping an eight-year-old girl and beating her with a shovel wants the case against him dismissed.
Before Jefferson Circuit Court Judge Annie O'Connell, the attorney for Cane Madden argued the case should be dismissed because O'Connell found Madden incompetent to stand trial for sexual assault less than a year ago.
Prosecutors argued his competency may have changed- and have asked the judge to schedule a competency hearing.
Madden sat quietly in the courtroom, with his head down. A group of community activists were also on hand to support the victim's family.
"If you commit a crime you're supposed to be held accountable for your actions," said George Fields, a civil rights activist, "and I feel there is going to be a situation or a day's gonna come where he gets out again. So in order to prevent that, this child and this child's family needs support."
Judge O’Connell has not make a decision on the motion to dismiss.