Lawyer questions competency evaluation of man accused of sexually assaulting child

CEDAR RAPIDS - A man accused of sexually assaulting a 13-year-old girl was found competent to stand trial by a psychiatrist, but a judge continued his competency hearing Wednesday because his lawyer has some concerns about the evaluation report.

Sixth Judicial District Judge Marsha Bergan initially said she was prepared to rule Troy Davenport, 44, of Cedar Rapids, was competent to stand trial based on the report from the Iowa Medical Classification Center's psychiatrist following treatment to restore his competency.

Davenport is charged with third-degree sexual abuse and lascivious acts with a child. He is accused of fondling and sexually assaulting a 13-year-old girl Sept. 1 through Oct. 31, 2013, according to a criminal complaint.

Bergan said she also planned to reinstate proceedings that were suspended in September 2014 when Davenport was found incompetent to stand trial. Two psychiatrists said he was suffering from a mental disorder which affected his ability to understand the proceedings and effectively assist in his case.

Sarah Hradek, Davenport's lawyer, told the judge Wednesday she had concerns about the psychiatrist's conclusions and wanted time to talk with him before the judge made her ruling and reinstated court proceedings.

Bergan then decided she would continue the competency hearing and continue the suspension of proceedings until Hradek alleviated her concerns.

Hradek informed the judge if she couldn't resolve this by just a phone call to the psychiatrist, she may ask for a hearing and bring him in to testify.