a person who is innocent doesn’t say “I don’t remember it happening”- they say emphatically “It never happened”- Joe says he can’t remember it happening-
“Joe says he can’t remember it happening-”
Basically, in his state of dementia, he CRS. So maybe he’s feigning senility. It would give him an “out” for any/every disgusting thing he’s ever done. He can’t assist in his own defense.
From “NOLO”
“Competency to stand trial is legally unrelated to the defendant’s mental state at the time of the alleged crime. In other words, the issue of competency relates to the defendant’s state of mind during criminal proceedings, not during the commission of the crime.”