Attorney: Competency questioned for man charged with break in, sexual assault
May 14—EAU CLAIRE — The attorney for a Bloomer man charged with breaking into a woman's Eau Claire home, hiding in her bedroom closet and sexually assaulting her has questioned his client's competency.
Attorney Russell Hanson asked Eau Claire County Judge Sarah Harless this week to schedule a competency hearing to determine whether Robert B. Smith, 41, is competent to assist with his defense.
Harless scheduled the competency hearing for June 18.
Smith faces a dozen felony charges and one misdemeanor, including sexual assault, burglary, strangulation and suffocation, false imprisonment and stalking.
According to the criminal complaint:
A woman who knew Smith called police in the early hours of April 27 to report that he had been outside her house and attempted to get in twice overnight.
On the first attempt that night, the woman's friend spoke to Smith, who then ran off. In Smith's second attempt to gain entry, he removed a screen door and an egress window cover in failed attempts to get into the house via a patio door and basement window.
While police were at her home, the women told officers that Smith had broken in earlier last week.
She told police that she saw Smith in her backyard and walking toward her house on the night of April 25, but then lost sight of him. The police investigation determined Smith had climbed up the house and entered through a window that night.
The woman got ready for bed, and Smith emerged from her bedroom closet.
He slapped, punched, strangled and threatened her multiple times. Police officers observed bruises on the woman's forehead and neck that appeared to corroborate her account.
Smith used a bathrobe string to tie the woman's hands, and sexually assaulted her twice that night. He then took a shower and left the house at about 3:30 a.m. on April 26.
Police took photographs and collected other evidence at the woman's home.
After taking the woman's report on April 27, an Eau Claire police detective called Smith on the phone. Smith claimed he was sleeping at the time the woman said he was trying to get into her house.
When the detective called, Smith claimed he was at work, but his employer later said he'd not shown up for work that day.
Chippewa County sheriff's deputies arrested Smith at a family member's home.
Smith had previously been convicted in September of stalking and intimidating a victim — the same woman he's now accused of sexually assaulting. He was out on probation for that case, which included the condition he have no contact with the woman.
