Lee was charged with several counts of sexual contact with a child. The trial judge appointed a clinical psychologist, Dr. Hurlbut, to determine whether Lee was competent to stand trial. Hurlbut examined Lee and issued a report which concluded that Lee lacked substantial mental capacity to understand the proceedings or assist in his own defense. 1998 WL 286352 *1.

At two subsequent hearings the judge himself questioned Lee, and ultimately concluded that Lee was competent to stand trial. The appellate court affirmed.

The Hurlbut report concluded that Lee "was a possible victim of fetal alcohol syndrome, and that his difficulties 'almost certainly involve neurological impairment and significant retardation in the area of verbal impairment." 1998 WL 286352 *1. The appellate opinion quotes at length portions of the report detailing what Lee did understand. It is unclear whether the report contained no further explanation of its conclusion that Lee was not competent to stand trial, or whether the appellate court simply failed to quote those portions of the report.