Competency in question: Will federal evaluators make a difference?
SALT LAKE CITY (ABC4) — Jonathan Soberanis has been charged several times for crimes involving children, but never convicted because of his competency. Now, he faces federal charges – which has one mother wondering if federal evaluators will make a difference.
Over the past 10 years, every time Soberanis has been deemed not competent to stand trial, a judge has dismissed his case – including assault and sex abuse allegations.
Soberanis’s forensic evaluators have listed several potential disabilities including ADHD, depressive disorder, autism, fetal alcohol spectrum disorder, and unspecified neurodevelopmental disorder.
The federal investigation
For the first time, Soberanis is now facing federal charges – accused of obtaining and distributing child pornography. According to federal investigators, Soberanis used a New Zealand storage platform to download and distribute the pornography, using end-to-end encryption to conceal his tracks.
This information was used to reopen past cases in which Soberanis was found not competent to stand trial, including an instance where Soberanis was accused of sexually assaulting a 5-year-old in a bathroom and urinating on the boy’s feet. Additionally, a new case has been brought up in which Soberanis was accused of peeking in a boy’s window and trying to get into his home when he was alone.
“He wanted to hurt my son … he wanted to take my son’s innocence,” said the boy’s mother, Stefani Davis.
Despite this new information, state evaluators again found Soberanis not competent to stand trial and the judge dismissed the charges.
“I was screaming at my computer. I couldn’t believe it,” Davis said, describing the virtual hearing.
Federal vs. state
Defense attorney Mark Moffat would not comment specifically on Soberanis’s case but said while competency is complicated, it is crucial to our justice system.
“If they don’t have that fundamental level of understanding, it’s not fair. It violates due process to prosecute them under those circumstances,” Moffat said.
Moffat said there are many misconceptions about federal vs. state competency standards.
“Competency standard is the same, whether or not you’re charged in federal court or state court,” he said.
When determining competency, an evaluator must answer two questions:
Can they understand basic courtroom proceedings?
Can they work with their attorney to defend themselves?
And while the standard is the same, Moffat said disagreements usually stem from whether someone can adequately assist in their own defense.
If there is only one evaluator or both evaluators agree, more often than not the judge will support their finding in court.
That said, Davis still believes an out-of-state evaluator could make all the difference – as, according to her, “the evaluators in Utah are not qualified.”
Davis said she lost her faith in Utah’s legal system the moment she met Soberanis and all she can do now is hope he will soon have his day in court.
“I hope he never gets out,” she said.
For the latest news, weather, sports, and streaming video, head to ABC4 Utah.
