Judge allows mental evaluation for rape suspect

McNAIRY COUNTY, Tenn. — A former correctional officer charged with rape appears before a judge Thursday morning. The charges stem from an alleged cell phone video.

James Fitzgerald is charged with rape of a child, aggravated child abuse, incest, and sexual exploitation of a minor. The report said a family member saw cell phone video of Fitzgerald and a female child in sexual situations.

Thursday, Fitzgerald’s attorney requested a mental evaluation be ordered after talking with the district attorney.

“He is agreeing that we have Mr. Fitzgerald evaluated, a mental evaluation performed to determine whether or not he’s competent to stand trial and whether or not he was competent at the time of the alleged offense,” attorney D.J. Norton said.

The judge said the paperwork needed to be placed with the court Thursday afternoon because the case had already been going since June.

Fitzgerald’s next hearing has not been set.