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JUDGE ORDERS 2ND EVALUATION FOR FORMER LAYTON WOMAN

A 2nd District judge has ordered a new mental evaluation for a former Layton woman who is charged, with her husband, in the death of a handicapped teenage girl they were caring for.

Judge Jon Memmott Tuesday ordered a new evaluation of Tonya Vosburgh, 33, charged along with her husband, John Vosburgh, with murder and aggravated arson in the March 3, 1993 death of Bobbi Jo Womack in Layton.The judge also appointed a public defender, Glen Cella, to represent Tonya Vosburgh when her mother, Geraldine Watson, said she could no longer afford to pay her daughter's legal bills.

Womack, 18 and handicapped after a near-fatal car accident nine years earlier, died in a garage fire 18 months ago at the Vosburgh's former home at 733 W. Gentile.

Prosecutors charge the Vosburghs set the fire and murdered the girl to collect on a $100,000 insurance policy they had taken out on her earlier.

Neither of the Vosburghs have entered formal pleas to the charges.

Shortly after the incident, they moved to an apartment complex in Woods Cross and Tonya Vosburgh suffered a head injury in a fall at the complex. Her condition is now the focus of the court's interest.

Her husband and her mother, appointed by the court to oversee her daughter's legal interests, claim Tonya Vosburgh suffered a brain injury in the fall and during an operation that followed, leaving her partially paralyzed on one side and mentally incompetent.

In court Tuesday, Tonya Vosburgh appeared in a wheelchair and answered some questions from her new attorney, Cella, in a singsong, childlike voice.

When asked if she agreed to Cella's appointment as her lawyer, Tonya asked him if he is a nice man.

"I'm a very nice man," Cella replied. She then asked him if he treats everyone equally, regardless of skin color - Tony Vosburgh is black - and Cella told her that he treats everyone the same.

Prosecutor Carvel Harward told the judge that one evaluation on Tonya Vosburgh has been done but he wants a second opinion. He believes she is competent, Harward said.

Because of her injury, a specialist will be brought in to do the evaluation, Harward said, which is beyond the scope of services offered through Davis County Mental Health.

Harward will submit a list of five names to Cella, who will pick one as the evaluator, Memmott ordered. A new court date will be set when the evaluation is complete.