BRATTLEBORO -- Less than a month after he was declared competent to stand trial, a Brattleboro man pleaded guilty on Tuesday to sexually assaulting an elderly person who was suffering from Alzheimer’s disease.
Martin Stuart, 59, immediately was sentenced to serve seven to 17 years in prison for assaulting the victim between January and November 2010.
Stuart, who had been convicted in 2007 of lewd and lascivious conduct with a child, also will serve a concurrent sentence of six to eight years for violating the terms of his probation from that case.
Judge John Wesley took pains to slowly and carefully explain the guilty pleas and sentence to Stuart, who has mental-health issues and also wore a headset so that he could better hear the proceedings.
"Mr. Stuart, you did the right thing now," Wesley said. "You didn’t do the right thing before."
When Stuart was charged in April 2012, state police said they had received a report of a sexual offense from the victim’s son. It was unclear how many times Stuart had sexual contact with the victim: Conflicting statements ranged from 10 or 15 times to 30 times.
A doctor reportedly told police that the victim -- who was in her mid-70s at the time of the assaults and suffering from dementia -- could not have provided consent for those acts.
The Reformer does not identify victims of sexual assault.
Stuart has been incarcerated since his arrest
last year. But there had been conflicting psychiatric reports regarding his mental competency to stand trial.
Wesley issued a May 2 ruling on the matter. While noting Stuart’s previous diagnoses of bipolar disorder, post-traumatic stress disorder and mild mental retardation, the judge ruled that Stuart is competent.
"While defendant’s competence may be accurately described as marginal, it is nevertheless sufficient to ensure that he can consult with his lawyer with a reasonable degree of rational understanding including a rational as well as factual understanding of the proceedings against him," Wesley wrote.
On Tuesday, Stuart was scheduled to appear in Windham Superior Court Criminal Division only for a status conference. But lengthy talks led to a plea agreement.
Defense attorney Mimi Brill told Wesley that her client "very much wants to resolve this case. He does not want a trial."
Windham County Deputy State’s Attorney David Gartenstein said he had "communicated extensively" with the victim’s family regarding the case and its possible disposition.
Gartenstein also said the agreed-upon sentence represented a "reasonable period of supervision" while also sparing the victim from having to participate in a trial.
"There are uncertainties associated with trial," Gartenstein said. "And there are traumas associated with trial."
Wesley allowed Stuart to remain seated while he explained his prison term. With credit for time served, that sentence -- even if Stuart serves only the minimum -- will extend to 2019.
"I can’t promise that you’ll get out then," Wesley said.
The judge also asked Stuart to acknowledge that he had sex with the victim and to admit that the victim could not have consented to those acts. Stuart agreed that both statements were true.
"Mr. Stuart knows what he did, and he has told this court what he did," Wesley said.
At one point, the judge asked Stuart why he was pleading guilty.
"I was wrong. I was guilty," Stuart replied, adding that "I didn’t want (the victim) to go through the trial."
Before adjourning the court, Wesley told Stuart that he must act "according to your better self" when he eventually is released from prison. Wesley also addressed the victim’s relatives.
"I know that what happened today cannot begin to cure all the pain you’ve been through," he said.
Mike Faher can be reached at mfaher@reformer.com or 802-254-2311, ext. 275.
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