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Judge rejects mental exam for Kenya abuse suspect

BY THE ASSOCIATED PRESS Modified: August 25, 2014 at 11:21 am •  Published: August 25, 2014

A federal judge has denied a prosecutors' request for a mental evaluation for an Oklahoma man accused of sexually abusing children at an orphanage in Kenya.

Matthew Durham was indicted earlier this month on sex abuse charges. Prosecutors accused the 19-year-old of sexually abusing children at the Upendo Children's Home.

Prosecutors requested the psychiatric evaluation of Durham, saying they needed to know whether he was insane at the time of the alleged offenses and if he can stand trial. But Durham's attorneys opposed the motion, noting that they'd given no notice of an insanity defense or incompetency claim.

U.S. District Judge David Russell rejected the request Monday, finding that prosecutors didn't present sufficient evidence that Durham may be mentally incompetent.

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