The Tribune Democrat, Johnstown, PA

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October 15, 2012

Man ordered to trial in rape of 12-year-old

JOHNSTOWN — A Nanty Glo man was ordered on Monday to stand trial on charges he raped a 12-year-old baby sitter.

Daniel J. Butz, 33, of the 1400 block of Roberts Street, was ordered held for court following a preliminary hearing before District Judge Mary Ann Zanghi of Vinco.

Nanty Glo police said Butz allegedly assaulted the girl at his home two times between Aug. 30, 2007, and Dec. 31, 2007. Charges were filed in September.

Butz’s attorney, David Weaver of Johnstown, asked the girl why she didn’t tell anyone at the time of the incidents.

“I was 12 years old,” she said, holding back tears. “I didn’t know any better. Nobody understands unless you’ve gone through it.”

The girl said she was sexually assaulted two times when she was baby-sitting the Butzes’ daughter. The incidents took place on a first-floor couch when the child was in bed and Mrs. Butz was upstairs, she said.

Afterward, Butz told her not to tell anyone or he would lose his wife and daughter, she said.

Butz faces two counts each of rape, statutory sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault and related charges.

 “There is absolutely no credible evidence before the court to bind the case over,” Weaver argued. He noted that the girl testified that after the alleged incidents the relationship between her and Butz was “normal.”

Cambria County Assistant District Attorney Eric Hochfeld said the victim described in detail what Butz did to her and how she felt after. The girl also explained why she didn’t tell anybody at the time, Hochfeld said.

A charge of disorderly conduct was dismissed.

Butz is free on bond after posting 10 percent of $100,000.

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