JONESBORO, Ill. - The defense attorney for Bill Vandergraph, the 72-year-old man accused of sexually assaulting his 4-year-old foster child, today said he is unfit for trial.

In sharp contrast to Bill Vandergraph's last court appearance when he stood alone in handcuffs, he was seen Friday morning free on bond in street clothes surrounded by his family. While everything may seem fine on the outside, his defense attorney said inside, things are different.

"He's not the same person I spoke to in July, today," said Allen James. "Being able to work with my client in defense, I don't think at this time, he's able to assist in his defense."

James said Vandergraph doesn't understand the three sexual assault charges against him and wants a court appointed doctor to review his emotional and physical state of mind.

"This isn't something that would be used at trial," State's Attorney Tyler Edmonds told Local 6. "This is basically a procedure to determine if he's fit at this point to stand trial. Does he understand the charges, does he understand what's going on in the courtroom."

Vandergraph, 72, remained silent throughout today's hearing. He could be seen wiping tears as the court read his charges. If he's determined unfit for trial, that doesn't necessarily mean Vandergraph will be a free man.

'There's a series of things we go through for the next year," said James. "There's a three-month timetable.  We come back and have re-evaluation and see how things are."

Edmonds said he supports the fitness hearing and may conduct his own.

"I think the defense attorney has an absolute right to raise that motion. He has conversations with the defendant. I don't. The judge doesn't."

The judge decided to allow Vandergraph's two adopted teenage kids to return home with required supervision. The judge said it was in the best interest of the children to return to their home so they could attend school in southern Illinois.