FARMINGTON — A judge granted part of a motion to subpoena the therapy, treatment and discipline records of a 16-year-old boy who said a woman who worked at a residential treatment program for juvenile sex offenders sexually abused him.
But 2nd District Court Judge Robert J. Dale denied the part of the motion that sought the boy’s records from the juvenile court — for now.
Dale said in court Thursday that defense attorney Mark Moffat proved his point that the records may help establish the “truthfulness, veracity and propensity” of the boy.
Moffat had filed a motion seeking the records earlier this year for his client, Becky Evans, 40, who is charged with second-degree felony forcible sexual abuse.
According to court documents, from October 2011 to December 2011, Evans “caused a minor male victim to touch her breasts and genitals, skin to skin.”
Evans was charged in March after Clearfield police concluded an investigation.
A jury trial has been set to run Dec. 10 through Dec. 12.
Moffat said in court that his client has maintained her innocence and that the boy had been the aggressor.
Evans worked at Youth Health Associates, a residential treatment program for juvenile sex offenders.
The teen “had been committed to the YHA facility for treatment for sexual offenses he committed against a minor,” according to the document.
The defense claimed in its motion that Evans was made aware of the boy’s history of aggression, impulsive behavior and attention deficit hyperactivity disorder and the behavior of the boy may have led to the accusations.
Moffat said in court that the boy knew if Evans had filed a complaint against him, he would have ended up in a prison for youths, which is one step above the residential facility.
Deputy Davis County Attorney Cristina Ortega was not in court because of a medical problem, but participated in the hearing Thursday by telephone conference.
She opposed the defense getting the records.
“It will be ‘let’s see what we can find in these records to match up with their diagnosis,” Ortega said.
Moffat said the boy has several disorders and is “an impulsive kid with no sense of morality and will say and do whatever he can to get by.”
The boy also admitted to having a “sexual attraction,” to Evans.
Ortega had filed a motion opposing the defense’s request for the boy’s records.
According to the prosecutor’s court documents, the records between a therapist and patient are privileged.
It also says the defense has not shown any history of the teen “struggling with issues related to honesty and trustworthiness,” so providing the therapy records is not justified.