A Butler man facing multiple charges of sexual assault again sought Wednesday to bring his teenage accuser's medical records into the case.

Garrett A. Luttrell, 35, of Butler faces just five charges related to sexual assault, not the hundreds previously reported.

Luttrell was originally charged with hundreds of counts of the five charges he faces. He still faces those five charges, but an amendment filed in 2018 consolidated the counts into one singular count of each charge.

Devin O'Leary, the attorney representing Luttrell, asked county Judge William Shaffer to use his authority to conduct a review of records kept by child service agencies and determine whether those records ought to be available for Luttrell's defense.

O'Leary wants records from both Butler County Children and Youth Services and the nonprofit Family Pathways.

O'Leary said he believes the records would illustrate a history of mental illness and similar sexual accusations by the accuser.

“Allegations of abuse seem to follow her,” O'Leary said.

David Crissman served as CYS's attorney during Wednesday's hearing.

“Treatment records are what they're looking for,” Crissman said. “Treatment records are protected. The information sought is specifically protected information.”

Crissman asked for O'Leary's request to be revoked.

The sexual abuse in question allegedly began in 2014 and spanned through 2018. The victim is 15 years old and was about 11 years old at the time the alleged abuse began.

Both Crissman and Assistant District Attorney Patricia McLean responded to O'Leary's request along the same lines: The information he seeks is protected under various federal laws.

“The victim has not waived that privilege,” McLean said. “He still has not presented a reason to violate that privilege.”

Both McLean and Crissman noted that the mental health issues in play do not automatically make someone unfit to take the stand.

O'Leary asked why his client would have committed the abuse knowing that the victim had previously made rape accusations.

McLean countered him, noting that other accusations were not disproven, and that the abuse in this specific case has a witness.

“That's exactly why he would,” McLean said. “It would embolden him knowing that nobody did anything to stop it before.”

McLean cited case law stating that in another situation in which a judge viewed such documents, the courts eventually found that the decision had been made in error.

O'Leary cited other law, saying that records of an entity acting as an investigatory “agent of the commonwealth” should be usable by their case. Therefore, O'Leary suggested CYS, as a county agency, ought to be included.

The judge asked O'Leary what authority O'Leary has to declare the commonwealth and CYS to be the same thing. McLean said the cases O'Leary referenced were referring to district attorney offices as the commonwealth, not another entity such as CYS.

“We are not the same thing,” McLean said. “We're separate entities.”

O'Leary went on to suggest that, perhaps, the prosecution had access — or selective access — to CYS records on Luttrell's accuser.

“These records are all privileged,” McLean said. “The DA's office has not been provided them. We are not entitled to them. We do not have them, and we have not reviewed them.”

Shaffer did not make a decision Wednesday, but took the discussions under consideration.

Luttrell faces 470 criminal counts, including felony charges of statutory sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault and corruption of minors. He also faces misdemeanor counts of indecent assault.

Luttrell is free on $100,000 bond.

Editor's Note: This article was edited August 9 to include a correction. Luttrell faces just five charges related to sexual assault, not the hundreds previously reported.Luttrell was originally charged with hundreds of counts of the five charges he faces. He still faces those five charges, but an amendment filed in 2018 consolidated the counts into one singular count of each charge.