Cane Madden

Cane Madden in court. (WDRB Photo)

LOUISVILLE, Ky. (WDRB) -- A psychiatrist from the Kentucky Correctional Psychiatric Center (KCPC) in La Grange testified Thursday that Cane Madden, the man accused of raping an 8-year-old in a 2019 attack in Louisville, is mentally competent to stand trial.

Dr. Timothy Allen, who observed Madden during a fall 2020 evaluation at KCPC, testified for the prosecution on the first day of a competency hearing for Madden.

It's expected that Allen's testimony and opinions will be strongly refuted by a witness for the defense on Friday. 

However, Allen argued that Madden, who's been repeatedly institutionalized and hospitalized throughout most of his life, has learned to "manipulate the system" and much of his bizarre behavior documented by evaluators was just to draw a reaction from his caretakers.

Allen said Madden has a "sufficient" IQ, has shown some understanding of the case against him and could participate in his own defense, if he chose to. 

Madden is accused of raping and fracturing the skull of an 8-year-old girl in the August 2019 attack in Louisville's California neighborhood. Allen testified that Madden was "coherent" and "calculated" in an interview with the police after his arrest.

"He knew exactly about the crime," Allen said. "He provided a lot of information."

But Allen's assessment of Madden runs counter to other evaluations, including others presented in previous competency evaluations.

Jefferson Circuit Court Judge Annie O'Connell questioned Allen on why he believes Madden is competent to stand trial while others — both in the past and in the present — do not. Allen said he had more data at his disposal than some previous evaluators.

He said if you watch Madden long enough, his actions appear "calculated."

The case against Madden, who has a record of mental illness and has repeatedly been found incompetent to stand trial after past felony arrests, has gained statewide attention as it exposed a problem with Kentucky law.

While Madden has had several cases dismissed due to incompetency, he also hasn't met Kentucky's criteria for involuntary hospitalization, meaning he has repeatedly walked free, dodging both prison time and mental health treatment. WDRB News highlighted the law's shortcomings after Madden was arrested in August 2019.

O'Connell is one of the judges who has ruled Madden incompetent in the past and did so most recently in February 2019 in a sexual assault case where he was accused of biting a woman's face.

After he was released in February 2019, Madden was arrested again in May for breaking into a business. But a judge dismissed that case because of the same competency concerns, and recommended Madden be hospitalized instead.

And, again, he was quickly released, starting the cycle anew. Less than 24 hours later, Madden was accused in the rape and assault of the 8-year-old girl, who was playing outside a home on Hale Avenue, near Dixie Highway.

If Madden is found to be incompetent to stand trial in the current competency hearing, the cycle could continue.

He is currently charged with rape, assault and robbery and lodged in Metro Corrections on a $1 million bond. A not guilty plea has been entered on his behalf.

His competency hearing will continue at 10 a.m. on Friday

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Digital Reporter

Jason Riley is a criminal justice reporter for WDRB.com. He joined WDRB News in 2013 after 14 years with The Courier-Journal. He graduated from Western Kentucky University. Jason can be reached at 502-585-0823 and jriley@wdrb.com.