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By Cherrie
Anne E. Villahermosa
Variety News Staff
THE Superior Court has temporarily
suspended, for competency determination, all proceedings against a man
charged for sexual abuse of a minor.
Associate Judge David A. Wiseman vacated the preliminary hearing on Thursday
and the arraignment set for today for defendant Jose Ayuyu Javier.
Wiseman granted the motion of Javiers counsel, Assistant Public
Defender Douglas Hartig, for a competency determination.
Hartig stated that there is reasonable cause to believe that Javier is
incompetent to be proceeded against.
Hartig said Javier was suffering from a mental defect at the time of the
offense.
According to Wiseman, the court finds it necessary that a psychiatric
evaluation be performed for Javier.
The court appointed Dr. Ala-Eldin Taha to conduct an examination of Javier
and to report on his mental condition.
Wiseman said the evaluation report will be filed with the clerk of court
on or before Feb. 5.
In the meantime, the judge added, the court suspends all proceedings in
Javiers criminal prosecution.
Javier was remanded to the custody of the Department of Corrections.
He was charged with two counts of sexual abuse of a minor in the first
degree.
The information filed by the Attorney Generals Office in court stated
that on Dec. 27, and 28, 2006, Javier, being 24 years of age, engaged
in sexual penetration with a minor who is under 13 years of age.
Javier was arrested on Jan. 3 and was brought to court for a bail hearing
on the following day.
Associate Judge Kenneth Govendo set a cash bail of $25,000 for his temporary
release.
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