A competency hearing has been set for a Corbin man facing multiple child porn charges.
Mark McFadden, 35, appeared in Whitley Circuit Court last Thursday for a pretrial conference, where defense attorneys asked for a hearing to declare competency. According to information from the Whitley Court Clerk’s Office, it is believed that McFadden has already undergone an evaluation at the Kentucky Correctional Psychiatric Center and that testimony from the evaluation physician is now needed.
Those accused of crimes, who have any questions regarding their mental state, are often sent to KCPC to be examined. The evaluating physician will then offer a determination regarding McFadden’s ability to stand for trial to the court based on their findings.
The hearing has been set for Oct. 3 at 11 a.m.
McFadden faces six counts of possession of matter portraying a sexual performance by a minor under 12 years old and on two counts of possession of matter portraying a sexual performance by a minor over the age of 12 but less than 18 years old.
He was arrested in March by the Kentucky State Police Electronic Crime Branch following an undercover Internet Crimes Against Children (ICAC) investigation. As part of the investigation, police executed a search warrant for McFadden’s cellphone and seized other equipment believed to be used for further examination.
McFadden was later indicted on his charges in May. The indictment claimed he “knowingly and unlawfully” had in his possession matter, which visually depicted a sexual performance by a minor.
McFadden was originally only charged with three counts of possession of matter portraying a sexual performance by a minor under 12 years of age, which is a Class C felony punishable by five to 10 years in prison, and one count of possession of matter portraying a sexual performance by a minor over the age of 12, but less than 18 years old, which is a Class D felony punishable by one to five years in prison.
McFadden currently remains jailed in the Whitley County Detention Center.
