Trial for a one-time prominent Butler doctor on allegations he inappropriately touched two Summit Academy residents has been suspended indefinitely while court officials identify a new, third judge to oversee the case.

Meantime, the defendant’s lawyer is asking the judge who already decided that Dr. David Evanko, 59, is guilty of molesting a different boy in the 1990s to overturn his verdict.

Senior Judge Fred P. Anthony of Erie County, who presided over Evanko’s five-day trial regarding the Boy Scout case in May, afterward determined Evanko is guilty of statutory rape and involuntary deviate sexual intercourse.

Evanko, according to testimony, first encountered the victim when the victim was a 12-year-old Boy Scout in the troop led by Evanko in 1992. The victim, now 32, testified during the trial that Evanko molested him more than 100 times when he was between 13 and 18 years old at the doctor’s house, on vacations and in the doctor’s camper.

Last month, Anthony deemed Evanko a Sexually Violent Predator and sent him to prison for 6 to 15 years.

On Wednesday, Evanko, was housed in the State Correctional Institute in Pittsburgh.

“He told me he is doing as well as can be expected,” said defense attorney Stanton Levenson of Pittsburgh. “Obviously he is upset about the (court’s) decision. But he seems to be able to make a positive adjustment to whatever his circumstances are.”

Levenson already has filed the paperwork asking Anthony to “arrest judgment” in the Boy Scout case. Specifically, Levenson said in court he will ask the judge to overturn his own verdict.

“We’d like him to analyze the testimony a second time and conclude that there was reasonable doubt as to Evanko’s guilt,” Stevenson said.

The state attorney general’s office is prosecuting both cases. Spokesman Nils Frederiksen said it would not be appropriate to respond to court allegations in the media.

“He is free to file whatever motions he wants, but in the eyes of this office and in the eyes of the court, he is a convicted sex offender,” Frederiksen said. “We will continue to argue the facts in court.”

If the judge agrees with the defense request, the verdict could be overturned. If the judge disagrees, it is likely the defense will take it’s argument to the state’s Superior Court, Levenson said.

The judge has scheduled a hearing Jan. 29 to consider the request.

Already, the same judge approved a second request to recuse himself from the case that still is pending against Evanko.

In that case, Evanko stands accused of molesting two boys who were residents of Summit Academy when they visited the doctor for treatment of a sexually transmitted disease.

The case was scheduled for trial this month.

But Levenson requested the trial be delayed and a different judge overhear the trial. According to the defense’s written request, Anthony would not be a fair judge because he already had heard testimony during the first trial that would be prejudicial and inadmissible in the second trial. Additionally, Anthony already deemed Evanko a Sexually Violent Predator and heard the doctor’s testimony during the first trial “obviously found him not to be credible as evidenced by its guilty verdict.”

Levenson’s motion claims the defense will be seeking a judge-only trial, with no jury, to decide the verdict in the Summit Academy allegations.

Officials in Butler County Court Administration said they will contact the state’s Supreme Court to appoint a new judge for the case because all Butler County judges recused themselves.

The new judge will be the third to preside over this case. In addition to Anthony, Clarion County Senior Judge Charles Alexander presided over the case for about two years.

Alexander was the judge when a jury first heard the testimony in May 2010, and it convicted Evanko of the charges.

But immediately after the verdict, Alexander tossed out the conviction and declared a mistrial, paving the way for the second trial. The case has been in appeals court since that time and just recently returned to the county court for a trial.

The Supreme Court appointed Anthony to the case after Alexander died in November.