MONROE - A psychologist has found a Monroe teen incompetent to stand trial on charges of incest and sexual assault.
The case was suspended against Michael P. Gifford, 17, at a hearing Tuesday in Green County Circuit Court. He was turned over to the custody of the Department of Justice for outpatient counseling and will be evaluated every three months for the next year.
"If he becomes competent during that time, the case moves forward," said Assistant District Attorney Jeffrey Kohl, who is prosecuting the case. If Gifford remains incompetent, he will be discharged from his commitment with the DOJ.
Both Kohl and Gifford's defense attorney Guy Taylor agreed with the evaluation of the psychologist, Dr. Kent Berney, who is based out of Madison.
"We both agree at this point the defendant is not competent in the legal sense," Kohl said.
Taylor asked Judge Thomas Vale to keep Dr. Berney as the independent psychologist assigned to evaluate Gifford, explaining that the psychologists contracted by the state aren't always trustworthy.
"They tend to find everybody competent," he said.
Gifford was arrested in early January at his home in rural Monroe on allegations that he repeatedly forced a teenage girl to have sex over the past six months. He faces four felony counts, the most serious of which comes with a penalty of up to 40 years in prison.
Law enforcement and family members have described Gifford as having the mental capacity of a 9-year-old. The teen looks younger than his age, too, and has a slight build.
Gifford chatted amiably before and after the hearing, showing no obvious signs of distress. Family members hugged him afterward.
A hearing is scheduled in three months, on May 14, for a report from the first of Gifford's mental re-evaluations.
The case was suspended against Michael P. Gifford, 17, at a hearing Tuesday in Green County Circuit Court. He was turned over to the custody of the Department of Justice for outpatient counseling and will be evaluated every three months for the next year.
"If he becomes competent during that time, the case moves forward," said Assistant District Attorney Jeffrey Kohl, who is prosecuting the case. If Gifford remains incompetent, he will be discharged from his commitment with the DOJ.
Both Kohl and Gifford's defense attorney Guy Taylor agreed with the evaluation of the psychologist, Dr. Kent Berney, who is based out of Madison.
"We both agree at this point the defendant is not competent in the legal sense," Kohl said.
Taylor asked Judge Thomas Vale to keep Dr. Berney as the independent psychologist assigned to evaluate Gifford, explaining that the psychologists contracted by the state aren't always trustworthy.
"They tend to find everybody competent," he said.
Gifford was arrested in early January at his home in rural Monroe on allegations that he repeatedly forced a teenage girl to have sex over the past six months. He faces four felony counts, the most serious of which comes with a penalty of up to 40 years in prison.
Law enforcement and family members have described Gifford as having the mental capacity of a 9-year-old. The teen looks younger than his age, too, and has a slight build.
Gifford chatted amiably before and after the hearing, showing no obvious signs of distress. Family members hugged him afterward.
A hearing is scheduled in three months, on May 14, for a report from the first of Gifford's mental re-evaluations.