Courtroom audio sheds light on case at the heart of Utah County controversy

UTAH COUNTY – The Utah County Lawyer and Sheriff took photographs at one another final week over a baby sexual abuse investigation just lately introduced by the Sheriff’s Workplace.

In dueling press conferences on June 1, prosecutor David Leavitt referred to as it a political assault on him, whereas Sheriff Mike Smith refused to call suspects or hyperlink the case to Leavitt. Each mentioned a case that was filed in 2012, and later dropped in 2014, all earlier than Leavitt was elected to his present workplace.

The day earlier than, the Sheriff’s Workplace had made a imprecise announcement about an investigation into ritualistic youngster sexual abuse. Leavitt then referred to as a information convention and shared that he was named in a 151-page doc labeled as a “sufferer assertion” that was related to the 2012 case. The assertion names Leavitt and greater than a dozen others as a part of a gaggle alleged to have practiced ritual sexual abuse of youngsters.

Now, courtroom audio recordings obtained by the KSL Investigators present extra perception into the dismissal of 18 felony youngster sexual abuse expenses in opposition to a Utah County man. In an effort to guard the privateness of the girl who got here ahead, KSL just isn’t naming the person who was charged.

“These expenses had been dismissed by my predecessor as a result of the allegations had been so untenable and unbelievable,” Leavitt mentioned.

Leavitt mentioned the allegations are “100% false,” however when pressed about particulars surrounding the dismissal of the case, admitted he had not reviewed the casefile himself. He mentioned the data aren’t digitized and would take a number of days to find.

“I’ll make these information accessible to the extent they’re allowed underneath the legislation,” he mentioned. “I’ve nothing to cover.”

In keeping with on-line courtroom data, the case was dismissed with out prejudice, that means prosecutors can nonetheless refile the fees. When questioned Friday in regards to the effort to find the previous data, a spokesperson for Leavitt’s workplace mentioned he was touring and couldn’t instantly present solutions.

Throughout his information convention, Leavitt mentioned he mentioned the case with David Sturgill, the prosecutor who was assigned to the case 10 years in the past and nonetheless works within the Utah County Lawyer’s Workplace.

“He informed me they dismissed it as a result of the proof was so outlandish,” Leavitt mentioned.

However Leavitt’s statements in regards to the dismissal don’t fairly line up with what attorneys mentioned in courtroom.

“The allegations are among the worst allegations of sexual abuse that I’ve come throughout within the a few years that I’ve been prosecuting a majority of these instances,” Sturgill mentioned throughout a listening to in Might 2013.

Throughout that very same listening to, the protection legal professional representing the person charged additionally mentioned the seriousness of the case and the necessity for an intensive investigation.

“If Mr. […] is convicted of those expenses, he won’t ever see the sunshine of day,” mentioned Michael Esplin. “I imply, these are – he’ll be there for the remainder of his life in jail.”

Throughout a listening to in March 2014, Sturgill moved to dismiss the fees, with a plan to probably refile the case sooner or later.

Neither legal professional shared considerations through the listening to that the allegations had been outlandish or unbelievable. As an alternative, they pointed to the several-years delay in reporting by the alleged sufferer, and issue in acquiring data.

“There’s much more that must be carried out with this case, and it’s simply not coming collectively,” Sturgill mentioned. “I’m getting resistance from DCFS… after which there’s different medical data that we’re having some bother gathering. A variety of it’s resulting from simply the age of this case. It’s a particularly delayed disclosure.”

Esplin sought – unsuccessfully – to have the case completely dismissed, citing comparable challenges that he believed would forestall his shopper from having a good trial.

“Witnesses have handed away, data have been shredded, simply due to the character of the size of the time that’s gone on,” he mentioned. “I don’t consider this case will ever be able to be tried.”

Why the case was by no means refiled and what is going to occur with it now are questions that stay unanswered, however the sheriff says the present investigation has expanded past one case.

“We’ve new victims coming ahead,” he mentioned.

The person as soon as charged within the case has just lately filed to have the courtroom data expunged. The Lawyer Common’s Workplace has filed an objection to the expungement request, saying, “The petitioner is at the moment the topic of an on-going legal investigation by 4 legislation enforcement businesses into the identical conduct which was the premise of the 1999 arrest.”

The Utah County Lawyer’s Workplace has additionally filed an objection.

Smith has mentioned the present investigation will proceed, no matter whether or not the 2012 case is expunged.

Have you ever skilled one thing you suppose simply isn’t proper? The KSL Investigators wish to assist. Submit your tip at investigates@ksl.com or 385-707-6153 so we are able to get working for you.