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  • Original file date: Mon, 2 Feb 2015, ID:fkujtr

    FARMINGTON — A man who told police there is no biblical age restriction set between sex partners is No. 25 on a waiting list to go to the Utah State Hospital for a mental evaluation, prosecutors said. Timothy Butler, 55, of Layton, appeared in 2nd District Court on Tuesday before Judge Glen Dawson.  Dawson had ordered at mental competency hearing a third mental evaluation be done on Butler. That hearing was held in September in 2014. At that time, two psychologists testified with different opinions concerning Butler’s mental competency.  Butler has been at the Davis County Jail waiting to be transported to the Utah State Hospital for the third evaluation.  Deputy Davis County Attorney Cristina Ortega said in court that she had contacted the state hospital last week and was told Butler was No. 25 on a waiting list to be admitted to the forensic unit.  “I was told the best estimate they could give me to transport Mr. Butler is three to four months to the facility, but that does not include the time period necessary to complete an evaluation,” Ortega said.  Butler was arrested in March of 2014 after a girl said Butler sexually abused her when she was 5 years old while she was visiting her grandmother’s home in Layton. He was reportedly a family friend at the time. He is charged with two counts of sodomy of a child, two counts of aggravated sexual abuse of a child, one count of drug possession and dealing in materials harmful to a minor. Butler initially made an effort to represent himself in court but is currently being represented by defense attorneys Julie George and Mark Arrington. Arrington said the defense is concerned because of the length of time Butler has been in jail and also because Butler “has express his desire to his right to a quick and speedy trial.”  Arrington also asked Dawson to reconsider granting Butler bail. Butler was being held without bail at the jail. Ortega said Butler should continue to be held without bail because he poses a risk to the community and to the victim, plus he has a prior sex offense conviction, which involved a child. That conviction was in 1991 when Butler pleaded guilty to lewdness involving a child, a class A misdemeanor.  Dawson ordered that Butler be held in lieu of a $100,000 bondable bail. He also said that if Butler was to post bail, prosecutors should receive a two weeks’ notice so they can come back to court.  Contact reporter Loretta Park at 801-625-4252 or lpark@standard.net. Follow her on Twitter at @LorettaParkSE. Like her on Facebook at www.facebook.com/SELorettaPark.


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