WALNUT CREEK — A Bay Area man who faces charges that he attempted to sexually assault a girl in broad daylight later reportedly told police he could have raped her if bystanders hadn’t been watching.
Birger, who remains in custody on a no-bail hold, is due next due in court Jan. 26. His attorney declared a doubt about his mental competency and a doctor agreed he was incompetent to stand trial, but prosecutors are still determining whether to challenge the finding, records show. The attack happened around 12:15 p.m., in view of multiple people who called 9-1-1, prompting Birger to stop assaulting the girl, police alleged in court records. The girl was briefly hospitalized after the attack.
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