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A Spanish Fork man was declared competent to stand trial Wednesday on charges that he made inappropriate videotapes of children at an Orem parade.
Judge Lynn Davis declared Richard D. Barney, 46, competent at a hearing in Provo's 4th District Court. Barney is charged with 10 counts of voyeurism, a third-degree felony.
Barney's case had been on hold for much of the time since his June 2007 arrest because he was in federal custody for violating the terms of his release on child pornography charges. He pleaded guilty to the charges in 2001 and was put on probation for three years, but was sentenced to two years in federal prison in 2004 for violating his supervised release.
Deborah Hill, Barney's public defender, said he is on lifetime supervision under the terms of his recent release from federal custody, and asked that he be released from jail while his state case is pending.
"He will be supervised," Hill assured the judge.
Hill said she and prosecutors are discussing the terms of a potential plea deal. Davis scheduled a Sept. 24 hearing in the case.
Barney was arrested in June 2007 after someone told Orem police that he was videotaping children at a parade. Police said the video they confiscated from Barney contained close-up shots of the clothed buttocks of a dozen boys and girls, all under age 12.
• Jeremy Duda can be reached at 344-2561 or
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