Wednesday , July 23, 2014 - 5:29 PM
FARMINGTON — Timothy Butler, the man accused of molesting a then- 5-year-old girl in 2009, angrily protested the pace of his case Tuesday as he stood in 2nd District Court for a competency hearing.
Butler, 54, was arrested in March for allegedly sexually abusing the child at her grandmother's home in Layton. He was reportedly a family friend at the time.
Butler initially made an effort to represent himself in court but is currently being represented by defense attorney Julie George.
"Mr. Butler is very anxious to get moving," George told Judge Glen Dawson. "He believes his speedy trial rights have been violated."
Butler spoke out angrily, saying prosecutors are stalling because they lack evidence.
"I asked you four months ago to set up a jury trial," said Butler, who is in custody. "I know you've had enough time. ... There's not enough evidence to take it to trial."
George and the judge concurred the goal should be to forward Butler's case as quickly as possible. Dawson set an Aug. 28 evidentiary hearing.
Butler has been examined for his mental competency by two different experts, who offered opposite findings. Dawson will examine both experts’ reports as part of the August hearing and make a ruling on Butler's competency.
Butler admitted after his arrest to watching pornography with the victim present and touching her inappropriately "out of love," according to a probable cause affidavit filed by Layton police. He is charged with two counts of sodomy of a child and two counts of aggravated sexual abuse of a child, all first-degree felonies. He is also accused of drug possession and dealing in materials harmful to a minor, both third-degree felonies.
Butler also defended himself at the time of his arrest, police said, by saying there is no age restriction set between sex partners in the Bible.
Butler was originally slated to be reviewed by a third expert, but refused that examination.
Butler said his competency was only an issue when he wanted to represent himself and is "void" now that George represents him. He said the state is only interested in continuing to examine his competence because they need more time to build a case against him.
"It's just a ploy from the state to convict me," Butler said.
Contact reporter Ben Lockhart at 801-625-4221 or firstname.lastname@example.org. Follow him on Twitter at @SE_Lockhart. Like him on Facebook at www.facebook.com/blockhartSE.
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