Defense introduces additional experts for man with history of sexual misconduct allegations involving children
Aug 16, 2024, 7:38 PM | Updated: 7:40 pm
SALT LAKE CITY — Jonathan Soberanis, who has been charged on five separate occasions with crimes of a sexual nature involving children and never convicted due to competency issues, now faces a significant development in his federal case.
The defense has introduced two additional experts to evaluate his competency, adding a new layer to the ongoing legal battle. Soberanis, who is in federal custody on charges related to child pornography, was scheduled for an evidentiary hearing Friday morning.
However, the defense filed a motion to continue the hearing, citing the need for additional evaluations. The two new experts are a neuropsychologist and a specialist in developmental cognitive behavior, both of whom will assess Soberanis’s mental state with the federal evaluator already involved in the case.
These evaluators are in addition to the one provided through the Federal Bureau of Prisons, something the prosecution pushed for early in the case.
This is the first time federal experts outside of Utah will evaluate Soberanis. Past state-appointed evaluators have consistently found Soberanis not competent to stand trial. Diagnoses cited in these evaluations have included autism, ADHD, and depressive disorder.
Federal investigators allege that Soberanis used a New Zealand storage platform with end-to-end encryption to download and distribute child pornography. This assertion, coupled with new evidence and evaluations, has fueled speculation that Soberanis may be more competent than previous assessments suggest.
The prosecution has hinted that a finding of competency in the federal case could lead to the reopening of his past state cases.
In the last decade, Soberanis has faced numerous allegations of sexual misconduct involving children. His criminal record includes multiple arrests, with charges ranging from lewdness to aggravated sexual abuse of a child. In those previous state cases, he was found not competent to stand trial, and the cases were dismissed without prejudice.
The addition of the new experts could be a significant change, potentially impacting both the current federal case and previous state charges.
The federal prosecutor has compared the question of competency to that of Brian David Mitchell, the man who kidnapped Elizabeth Smart. Mitchell was initially deemed incompetent in state court but was later found competent and convicted on federal charges.
The outcome of Soberanis’s upcoming competency hearing in federal court could have far-reaching implications for his legal history and future.
Have you experienced something you think just isn’t right? The KSL Investigators want to help. Submit your tip at investigates@ksl.com or 385-707-6153 so we can get working for you.
If you have experienced sexual violence, you can access help and resources by calling Utah’s 24-hour Sexual Violence Help Line at 1-801-736-4356 (English) or 1-801-924-0860 (Spanish). You can also call the Rape Recovery Center office line during office hours at 801-467-7282 or the National Sexual Assault Hotline at 1-800-656-4673 for free, confidential counseling.