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PROVO -- A Utah County man who faces a number of charges of child sex abuse is on the verge of being released. The registered sex offender has been declared incompetent to stand trial because of what's called a cognitive disorder.
Usually when a judge finds someone to be incompetent to stand trial, they are committed to the Utah State Hospital. But in this case, a state doctor has determined Lonnie Johnson isn't a risk and shouldn't be civilly committed.
"To not even bother with a trial because he can't be competent, and yet turn him loose - it just boggles my mind," said Christy Danner, whose daughter was allegedly molested by Johnson several years ago.
Danner is frustrated and worried because Johnson, who has been in the state hospital for the past year and a half, will not stand trial on the charges.
"We were OK with that, knowing he was at the state hospital, because he wasn't out. He wasn't running the streets. He wasn't able to do this to somebody else," Danner said.
Now a doctor at the state hospital has issued a report stating that Johnson, previously convicted of child rape in Washington state, is not a substantial danger to society. Prosecutors say they have no other options.
"Ultimately, we're looking for a legislative fix. But we also have a duty to let society know that someone like this is being released and there's not much we can do about it," said Deputy Utah County Attorney Craig Johnson.
Officials with the state hospital can't comment on Johnson's case, specifically, due to federal privacy laws. They did, however, acknowledge they have provided reports to the judge about his condition.
"Each case is unique, and they are all very complex; and so as we look at each individual, we're having to assess them," explained Elizabeth Sollis, with the Utah Department of Human Services.
In order for someone to be civilly committed, he or she must meet certain state guidelines. Ultimately, however, hospital officials say the decision is up to the judge.
Now Danner says she's afraid what Johnson will do if he is released. "That's essentially what I feel they are saying, you know: ‘Let's release him and hope for the best.' Why do our children have to hope for the best?" she said.
Johnson will be in court Thursday afternoon. That is when prosecutors expect the charges against him to be dismissed, and he will be released.
Email: spenrod@ksl.com
