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A District Court judge ordered a second psychological evaluation recently for an elderly Fallon man who did not show up in court for the second time for sentencing on one count of incest.
Defense attorney Jim Sloan said Earl Fredrick Beck, 75, was incapacitated Oct. 4 and couldn't be in court, according to his family.
"His wife is here. His daughter is here. The only way we could have brought him here today would be on a stretcher or a gurney, according to them," Sloan told District Judge Robert Estes.
He said Beck was found comatose in a Reno motel room Sept. 5 after a suicide attempt. Court documents state Beck overdosed on drugs and left a suicide note in the room next to a bottle of vodka and orange juice. He remained hospitalized until Sept. 19.
Sloan asked that the sentencing hearing be delayed, claiming his client suffers from dementia and may not be mentally competent to attend court proceedings. Sentencing was delayed last month while Beck was in Northern Nevada Medical Center after the alleged suicide attempt.
This will be the second time Beck has been examined by Nevada mental health experts in Sparks. He was found competent to stand trial July 19 after a visit to Lake's Crossing.
Beck's trial was scheduled for July 27 but was canceled after he pleaded guilty to incest. In exchange for his guilty plea, the district attorney's office dismissed three counts of lewdness with a child under the age of 14, sexual assault of a child under 14 and child endangerment.
The sex offenses each carry a mandatory sentence of life in prison. For the incest charge, Beck faces two to 10 years in the Nevada State Prison.
He was arrested last year and accused of molesting two girls, ages 8 and 14. An 11-year-old boy also told investigators Beck showed him pornographic videos and magazines and gave him an alcoholic drink, police reports state.
The children are not being named because of the nature of the charges. One girl's father said last week he is frustrated with continual delays in Beck's case. He said he worries that Beck might pose a danger to other children. The family no longer lives in Fallon.
Deputy District Attorney Brandi Jensen objected to postponing Beck's sentencing. She told the judge Beck is no longer in the hospital and there was no documentation from a doctor saying he was physically unable to appear in court.
Jensen said a letter from a psychiatrist in the court file is from a doctor who specializes in determining if a person needs a guardian to handle his personal affairs "but it does not indicate that he's incapable of being sentenced in a criminal matter."
Judge Estes said if Beck fails to show up again without medical proof that he is physically unable to appear, a bench warrant will be issued for his arrest. No new date has been set for the hearing.
Beck was also accused of lewd acts with children in 1985. He was charged with lewd or lascivious acts with a child under the age of 14 and oral copulation. The oral copulation charge was dismissed when Beck agreed to plead guilty to annoying or molesting a child.
He was placed on probation for three years, and the offense was later dismissed.
Marlene Garcia can be contacted at mgarcia@lahontanvalleynews.com
Defense attorney Jim Sloan said Earl Fredrick Beck, 75, was incapacitated Oct. 4 and couldn't be in court, according to his family.
"His wife is here. His daughter is here. The only way we could have brought him here today would be on a stretcher or a gurney, according to them," Sloan told District Judge Robert Estes.
He said Beck was found comatose in a Reno motel room Sept. 5 after a suicide attempt. Court documents state Beck overdosed on drugs and left a suicide note in the room next to a bottle of vodka and orange juice. He remained hospitalized until Sept. 19.
Sloan asked that the sentencing hearing be delayed, claiming his client suffers from dementia and may not be mentally competent to attend court proceedings. Sentencing was delayed last month while Beck was in Northern Nevada Medical Center after the alleged suicide attempt.
This will be the second time Beck has been examined by Nevada mental health experts in Sparks. He was found competent to stand trial July 19 after a visit to Lake's Crossing.
Beck's trial was scheduled for July 27 but was canceled after he pleaded guilty to incest. In exchange for his guilty plea, the district attorney's office dismissed three counts of lewdness with a child under the age of 14, sexual assault of a child under 14 and child endangerment.
The sex offenses each carry a mandatory sentence of life in prison. For the incest charge, Beck faces two to 10 years in the Nevada State Prison.
He was arrested last year and accused of molesting two girls, ages 8 and 14. An 11-year-old boy also told investigators Beck showed him pornographic videos and magazines and gave him an alcoholic drink, police reports state.
The children are not being named because of the nature of the charges. One girl's father said last week he is frustrated with continual delays in Beck's case. He said he worries that Beck might pose a danger to other children. The family no longer lives in Fallon.
Deputy District Attorney Brandi Jensen objected to postponing Beck's sentencing. She told the judge Beck is no longer in the hospital and there was no documentation from a doctor saying he was physically unable to appear in court.
Jensen said a letter from a psychiatrist in the court file is from a doctor who specializes in determining if a person needs a guardian to handle his personal affairs "but it does not indicate that he's incapable of being sentenced in a criminal matter."
Judge Estes said if Beck fails to show up again without medical proof that he is physically unable to appear, a bench warrant will be issued for his arrest. No new date has been set for the hearing.
Beck was also accused of lewd acts with children in 1985. He was charged with lewd or lascivious acts with a child under the age of 14 and oral copulation. The oral copulation charge was dismissed when Beck agreed to plead guilty to annoying or molesting a child.
He was placed on probation for three years, and the offense was later dismissed.
Marlene Garcia can be contacted at mgarcia@lahontanvalleynews.com
