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Attorneys for a man accused of sexually assaulting an American Fork woman were in court Thursday, asking to reschedule a preliminary hearing while they continue to gather evidence.
Public defender Richard Gale said he needs more time to acquire school records for Brian Mask and surgery records for the woman he is accused of attacking. Gale said Mask may have intellectual limitations, and school records may indicate whether he is competent to stand trial.
Mask is from a poor Chicago neighborhood and only reached 7th grade in school, and much of his time was spent in special education, Gale said. He can barely read or write, and Gale said it is important to find out whether any tests were done to gauge his intelligence.
"I need to find out his intellectual function," he said.
American Fork police said Mask was selling subscriptions along the 900 block of 100 East when he came to the home of a 58-year-old woman living alone.
The woman allowed Mask into her home to give his sales pitch, after which she asked him to leave, police said. Mask then became angry and physically and sexually assaulted the woman.
According to a police affidavit, Mask choked and punched the woman in the face during the attack, knocking her unconscious. The severe facial trauma required multiple stitches, and police believe Mask left the woman for dead.
Gale said he also needs to obtain surgery records for the care the woman received after the attack in order to determine whether serious bodily injury occurred. Whether or not the injury can be classified as "serious bodily injury" depends on if the injury was permanent or life-threatening, he said. |
