SALT LAKE CITY (ABC4) – On several occasions, Jonathan Soberanis has been accused of committing sexual crimes against children. In every instance, a judge has dismissed the case, ruling he is not competent to stand trial. 

On Tuesday a new competency hearing began for Soberanis. In this case, Soberanis is accused of touching a naked child at a rec center and urinating on him, as well as a separate incident where police say he was peering through windows at boys, including Stefanie Davis’ home. 

“The whole system is broken and he’s falling through the cracks,” said Davis.

Tuesday’s hearing lasted nearly two hours, with just one person testifying, Dr. Lindsey North. North said she has done forensic analysis on hundreds of people, but the prosecution questioned her methods, pointing out her protocol has never been tested or validated. 

Another issue that had been brought up in the past is inconsistencies in Soberanis’ test, pointing to one in 2009 where Soberanis’ IQ scored in the average range. North stated that the test may have been a nonverbal test, which Soberanis tends to score higher on than the verbal tests.

“With all the available information/data that I have, although I have concerns about exaggeration and feigning, I still believe that my conclusion was accurate based on that data that Mr. soberness is not competent to proceed,” said Dr. North. 

The prosecution asked North about evidence in a separate case currently going through the court system involving child pornography. In this case, investigators said Soberanis created several online accounts and used the dark web to distribute child pornography. 

“Do you know how to use end-to-end encryption services to hide child pornography,” asked assistant attorney general Carl Hollan.

“No,” said North. 

“So are those tasks beyond the understanding of maybe the average person on the street?” said Hollan

“Again, I’m not an expert,” said North. 

The competency hearing was continued to September 22nd. 

Soberanis is facing child pornography charges allegedly involving children as young as three years old. His trial for that case is on November 18.