By Kim McDarison

A defense attorney representing Santos Asucena Caseres Cruz, the Whitewater woman accused of leaving an infant in a field behind a mobile home park in March, has been ordered by Jefferson County Circuit Court Judge William Hue to file paperwork which will allow the court to make a determination about the defendant’s competency to stand trial.

The infant was found deceased “by individuals who summoned police,” according to a criminal complaint. 

According to information made available on the Wisconsin Circuit Court Access website, the order came after Jeffrey De La Rosa, the attorney representing Caseres Cruz, as part of a competency hearing held earlier this month and in response to the court’s questions, stated that he believed his client to be incompetent to stand trial.

Also stated within court minutes provided on the site, Jefferson County District Attorney Monica Hall, also responding to the court’s questions, was reported to have indicated that “she believes Ms. Caseres Cruz is not competent, but is likely to regain competence during the statutory time period.”

Further, the notes reported, “the court indicates, independently, that Ms. Caseres Cruz is not competent based on the doctor’s report and the record made here today (Oct. 16).”

Explaining the process to determine competency, Jefferson County Clerk of Courts Cindy Hamre Incha, responding to questions posed by WhitewaterWise, said that, in Wisconsin, state statutes related to competency govern the process.

The minutes associated with the case indicate that the defendant’s attorney, Attorney De La Rosa, has been ordered by the court to begin a process to determine whether his client is competent to stand trial, the clerk of courts said. 

Hamre Incha cited a form, also found on the court’s access website, which will be filled out by the defendant’s attorney and submitted to the court.

Once the report is submitted, the court will decide on a treatment plan. She noted various options presented to the court on the form.

A copy of the form indicates that the court has available to it a variety of options through which it can proceed, including the ordering of examinations, re-examinations and treatments, including options to regain competency in order to stand trial.

Once the form is completed, all parties, including the district attorney’s office, will be offered a chance to review the form and make, if a party so chooses, an objection.

Hamre Incha noted that the proposed order is submitted on a 5-day objection basis. On day 6, the court will review the form and make a ruling.

According to information presented on the court access website, De La Rosa was ordered to submit the form by Wednesday, Oct. 18.

Hamre Incha said the process suspends any additional court actions until the matter of competency is decided, after which time the court’s judicial assistant will be asked to schedule “further proceedings.”

As of Oct. 27, no new proceeding has been placed on the court docket, according to the court record presented on the court’s access website.

If found competent to stand trial, Caseres Cruz faces a Felony D count of neglecting a child with a consequence of death and a Felony F count of moving, hiding or burying a corpse of a child. 

As defined by Wisconsin state statutes, a Class D felony carries a maximum penalty of 25 years in prison or a fine of up to $100,000. A Class F felony carries a maximum penalty of 12.5 years in prison or a fine up to $25,000.  

An earlier story about the case as published on WhitewaterWise’s sister publication, Fort Atkinson Online, is here: https://fortatkinsononline.com/mother-of-baby-found-dead-in-whitewater-field-to-stand-trial/.