Salesman in assault case may not be competent

Published: Thursday, May 28 2009 2:34 p.m. MDT

PROVO — A door-to-door salesman who police say assaulted a woman listening to his magazine pitch may not be competent to proceed with his case.

Brian Mask, 25, is charged with attempted murder and aggravated sexual assault for allegedly dragging a woman to the back bedroom in her American Fork home where he punched, choked and sexually abused her.

The 58-year-old woman had opened her door on Aug. 25 to listen to the sales pitch then briefly allowed Mask inside to get her signature, police said.

Thursday in 4th District Court, attorneys presented competency reports that show Mask's IQ is quite low, indicating moderate mental retardation, said defense attorney Richard Gale.

Mask was sent to the Utah State Hospital to begin a restoration of competency procedure.

"The question is whether that's his true IQ or if he was not trying hard enough (on the tests)," Gale said.

Prosecutor Julia Thomas said she believes Mask is competent but knows how to make himself appear less-than-competent.

"He knows what's going on," Thomas said.

She expects that after the 90-day review, Mask will return to court and be prepared to proceed.

The victim had to have facial reconstruction surgery after the assault because Mask broke bones in her face and severely dislocated her nose.

Mask, who has previously claimed to be a gang member from Chicago, has been in the Utah County Jail since his arrest in August.

— Sara Israelsen-Hartley

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