4th District Judge, James R. Taylor, ordered Johnson's release from Utah State Hospital in Provo based on legal protections that ban the holding of a defendant who has not been convicted and is unable to take part in their own defense. Johnson had been institutionalized at the hospital since 2008, during which time court-ordered doctors worked to restore his competency so that he might be brought to trial. However, after two and a half years of treatment, doctors could not report any improvement.
In March, a civil commitment petition was denied after three psychiatric evaluators said that the defendant did not pose a threat to either himself or others. The defendant, who suffers from a cognitive disorder, was charged with rape, sodomy, and aggravated sexual abuse of a child, for acts that allegedly took place between 2001 and 2006. The charges were filed in 2007 on behalf of the defendant's stepdaughter and her step-cousin, both of whom are now adults. Each charge against the 38-year old defendant is a first-degree felony with the potential for life-sentences. According to Christy Danner, the mother of one of the victims, the fact that someone can be deemed competent enough to be let out into society but not competent enough to face trial seems contradictory. ''We're not happy but we've just begun to fight,'' said Danner. The current charges were initially brought forth following Johnson's 2006 conviction for the rape of a teenage girl in the state of Washington. Johnson pleaded guilty to the rape and served less than a year in prison for the offense but is now required to register as a sex offender.
During the April 7th proceedings, Taylor ordered new psychiatric evaluations for Johnson in October and set a new hearing to discuss those findings for November 17th. Deputy Utah County District Attorney, Craig Johnson responded by saying, ''We are encouraged that Judge Taylor allowed us to have a review in six months. We'll come back in the fall and see how he's doing and hopefully get this case back on track.''
The defendant's sister, Cindy Lorenz, asserts that the current allegations against her brother are rooted in an ugly divorce situation between the accused and his wife. Lorenz requested a meeting with Utah Governor Gary Herbert, in an effort to provide proof of her brother's innocence but did not receive a response. The governor's spokesperson, Ally Isom, told the Associated Press that Herbert believes that such issues should be addressed in the courtroom.
