Defendant Not Competent for Sex Abuse Trial, But Not Dangerous Enough for Commitment
A Utah prosecutor is complaining that a loophole in the law may allow a child sex abuse defendant to be released from a mental hospital even though he will likely be found incompetent to stand trial.
A judge indicated several weeks ago that the defendant, Lonnie Hyrum Johnson, would likely not be found competent to be tried on nearly two dozen charges of child sexual abuse, the Associated Press and the Deseret News report. But doctors have indicated Johnson is not a danger to society to justify involuntary commitment, and he may be freed after a Thursday hearing.
Assistant District Attorney Craig Johnson told AP he was frustrated that the defendant could be set free without a trial because of his incompetency. “That magic language effectively kills our criminal case,” he said.
“We’re hamstrung,” Johnson added. “And I really can’t wrap my arms around why there is this loophole, this gap in the law.”