Utah
One lawmaker wants to streamline the reparations process for crime victims
A December day in 2020 left Susan Duehlmeier’s daughter in the hospital with catastrophic injuries, including broken occipital bones and knocked out teeth. A car speeding 70 mph collided with her daughter’s vehicle.
Duehlmeier appeared before a House Law Enforcement and Criminal Justice committee meeting Wednesday to tell her daughter’s story as Rep. Melissa Ballard, R-North Salt Lake introduced HB276, a bill that deals with crime victims reparations.
Committee members were shown pictures of Duehlmeier’s daughter’s injuries before she explained the cost of the crash on their family. In addition to the broken occipital bones and knocked out teeth, Duehlmeier’s daughter suffered a compound fracture, a brain bleed, a traumatic brain injury and a broken jaw, per KUTV. On top of the psychological and emotional trauma, the injuries sustained were costly.
“We probably have put out $150,000 for expenses,” Duehlmeier said in the meeting, explaining that insurance helped cover some additional expenses. When the family went to seek restitution for what had occurred, they had to wait for months. “We were told that we could not get any help until the case was closed,” she said.
Rep. Melissa Ballard, R-North Salt Lake, center, talks with Rep. Christine Watkins, R-Price, and Rep. Jefferson Burton, R-Salem, at the Capitol in Salt Lake City on Jan. 25, 2023.
Jeffrey D. Allred, Deseret News
Ballard’s bill is aimed toward helping victims of crime receive reparations in a timely manner. It would allow the Utah Office for Victims of Crimes to give lump sum payments for crime-related deaths or disability and establishes procedures around these kinds of requests.
Gary Scheller, director of the Utah Office for Victims of Crime, said there are two caps on reparations in current statute. There’s a $50,000 cap for crimes that have aggravating circumstances and $25,000 in the cases of crimes without those circumstances.
“We are in a perfect position as a government agency to say ‘here’s some emergency funding’ and work to set very tight parameters on what that looks like,” Scheller said as he explained that the current way the office operates can leave people “in a holding pattern” while the office waits for the necessary information from law enforcement to move forward.
During the meeting, Vickie Walker, who was appointed to the Crime Victims Reparations Board by Gov. Spencer Cox, spoke about why she supported the bill.
When her husband Jeff and her son A.J. were shopping at Trolley Square, her husband was murdered and her son had received life-threatening injuries. Walker described how she was “sobbing” in the funeral home when they brought the bill to her and she didn’t know how she’d be able to afford it.
Walker said she supported the bill because she knows what it’s like to have bills pile up as the result of a crime. “We had medical bills, we had therapy bills, we had a lot of bills surrounding A.J.’s injury and Jeff’s death,” she said. “And we noticed that it was almost a year after Jeff was murdered that we were still paying bills.”
Others said that they favored getting help to victims, but said the bill needed some tweaks as it pertains to the requirement contained within the bill for law enforcement to produce a report of the crime to the office.
Tom Ross, executive director of the Utah Commission on Criminal and Juvenile Justice, said, “The good news is, to me, that everyone recognizes we’ve got to get funding to victims as soon as possible.” But he added that this has to be done in a way that doesn’t hurt law enforcement investigations.
As the bill is currently written, it states, “a law enforcement agency shall provide a complete copy of an investigative report to the office within five business days of the date the office requests a copy of the report.” Based on that investigative report, the office would then determine if the victim can receive reparations for what happened.
It was this language in the bill that sparked a significant amount of discussion.
Nate Mutter, chair of the Utah Law Enforcement Legislative Committee, said, “I hate to say that we do oppose this bill as it’s currently written.”
“We definitely do not want to get in the way of legislation that helps support victims and we believe there is a part to this bill that does support victims and we are really here for that part,” Mutter said. He added that the opposition stems from the lack of distinction between an open and a closed investigation.
“We have zero problems handling over a closed investigation that becomes a public record at that point and we definitely want to move that process forward and give information to whoever needs it as fast as possible,” Mutter said. “Where the concern is, of course, is the open investigation.”
Mutter explained they were concerned that it “puts the integrity of that investigation at risk. And where we’re trying to help victims, that could actually hurt victims if that information were to get it.” Some investigations, he said, are protected from other members of the agency that’s doing the investigation and there’s a necessity for that.
After public comment closure, the committee voted to hold the bill, which means that it’s still in committee and has not yet moved to a floor vote.
Utah
Utah hit with largest measles outbreak in over 30 years
SALT LAKE CITY (KUTV) — Utah has been hit with the largest measles outbreak in more than 30 years.
The Utah State Epidemiologist stated that it’s the most contagious disease scientists know of.
As of this month, the Utah Department of Health and Human Services reported 115 confirmed cases.
MORE | Measles
“It’s a little surprising to see an uptick in measles, but it’s not surprising to hear that Utah County is one of the places where we have seen more of those cases,” said Elsie, a Utah County resident with several children in local schools. “I think because there’s kind of been a movement towards anti-vaccination.”
Samantha Marberger, who also lives in Utah County and has a young child, said measles wasn’t something she thought was here.
“I’ve heard of big outbreaks like that in Texas and a few other places, but it wasn’t something that I thought was as local,” she said.
Utah State Epidemiologist Leisha Nolen called the outbreak “extreme” and “really concerning.”
“Why does the health department believe this is happening now? Is this like a delayed reaction of previous low vaccination rates?” 2News asked her.
“Yeah, I think unfortunately our vaccine rates have gone down over time, and we do now have a number of people who are vulnerable to this infection, and they haven’t been protected,” Nolen said. “There also has been cases in neighboring states, and so it was easy to introduce here in Utah.”
The DHHS stated that roughly 90% of the population is vaccinated, but those rates vary from area to area and aren’t enough to reach herd immunity for measles.
“Measles is highly contagious. It’s the most contagious infection we know of,” Nolen said. “The data historically says that if you have 20 people in a room and somebody with measles comes in, 18 of those people are going to get measles.”
She said that since the outbreak started, the health department has given 30% more vaccines than they did last year at this time. She said most infections can be traced back to southwestern Utah and appear to be from in-state travel.
“It’s likely in Utah, many hundreds of Utahns who are vaccinated have been exposed to this virus, and they did not know it, and their bodies fought it off as it should,” Nolen said.
The second largest outbreak in Utah is in Utah County, with 10 confirmed cases.
The state is asking people to cooperate with the health department’s contact tracers if they call.
If you suspect measles in yourself or a loved one, they urge you not to go to a clinic waiting room but call ahead for the next steps to stop the spread.
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Utah
Widow of slain Utah County sergeant testifies in favor of accomplice’s parole
EAGLE MOUNTAIN, Utah — Nannette Wride-Zeeman says her late husband, Utah County Sheriff’s Sergeant Cory Wride, is still very much a part of her life nearly 12 years after he was ambushed and killed in Eagle Mountain.
On Tuesday, Wride-Zeeman did something that might surprise many people: She testified in favor of parole for Meagan Grunwald, the young woman who was an accomplice in her husband’s murder.
Wride’s killer lost his life in a shootout with police the same day as the ambush. But Grunwald, who was with the shooter, has been serving time for her role in the crime.
Before the parole hearing, Wride-Zeeman met Grunwald face to face on Monday for the first time since the tragedy.
“She was in the other room, hyperventilating and sobbing. And she was so afraid to come and meet me. And I can’t even tell you. The days and probably weeks of sleepless nights I had, being afraid to meet her, and what do I say, and how do I, how do I do this, and am I making a mistake, and like all these things that it felt in my heart, just this calm feeling like it was the right thing to do,” Wride-Zeeman said.
“She was so afraid that I was going to be angry with her, and those angry days have long passed,” she said.
When Grunwald entered the room, the emotion was overwhelming for both women.
“And she came walking in, she had her hands over her face, and she was still sobbing and she was shaking. And I just saw this little girl that was just terrified,” Wride-Zeeman said.
“And she’s sitting across from me, and she, her hands or her face are in her hands, and she’s just sobbing, and she keeps repeating, I’m so afraid, I’m so afraid. I’m so sorry, I’m so sorry, I’m so afraid, just back and forth. And when she got done, I said, Megan, you don’t have anything to be afraid of. I said, Look at me, and she looks up at me, and I see her blue eyes and all the tears,” she said.
What happened next was a moment of healing that lasted three hours.
“So I walked over to her, and I went like this to her, and she stood up, and we embraced for the first time, and she just sobbed and sobbed. And I just held her and I said, do not be afraid of me. We’re here to heal. And it opened up 3 hours of healing,” Wride-Zeeman said.
The widow says she has completely forgiven Grunwald and wants to be part of her life when she’s released.
“I said, you can’t live with me, but I want to be a part of your life when you get out, and I want us to stay in touch. I am your biggest cheerleader, and I want to see you find your happy like I did, because I never thought I’d be happy, and here I am happier than I’ve ever been in my life, and I want her to find that. And we talked about what her dreams are, what her passions are, how she wants to give back to the community, to people, across the board, including veterans and first responders,” Wride-Zeeman said.
Wride-Zeeman says 100 percent she has forgiven Grunwald and wants nothing but the brightest of futures for her.
Utah
Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie
SALT LAKE CITY — The state’s top court is considering whether to allow a defamation lawsuit to move forward over the movie “Sound of Freedom” and its portrayal of a villain in the movie.
On Wednesday, the Utah Supreme Court heard an appeal by Angel Studios, the filmmakers who created “Sound of Freedom” and Operation Underground Railroad founder Tim Ballard. They are being sued by Kely Suarez, who alleges the central villain character in the movie has defamed her and ruined her reputation.
Cherise Bacalski, Suarez’s attorney, said the character of “Katy Giselle” in the film is “a kingpin sex trafficker.”
“And she never was,” Bacalksi said of her client.
Before the Utah Supreme Court, Bacalski argued Suarez was a college student who was caught up in a raid that Ballard was involved with in Colombia.
A lower court allowed Suarez’s lawsuit to move toward trial. The studio and Ballard have appealed, arguing they are protected under a Utah law designed to safeguard speech and that the film is a docudrama that is “based on a true story.” The justices grilled lawyers for all sides about the level of involvement each party had and whether promotion of the film crossed any lines.
“Here it’s alleged the movie itself was defamatory and Angel Studios is the one who is putting out the movie,” Justice Paige Petersen said during Wednesday’s hearing.
Robert Gutierrez, an attorney for Angel Studios, insisted to the court that while the film may be based on Ballard’s experiences, there were disclaimers in the film.
“The Katy Giselle character was, in fact, a composite character in order to make it a subject matter the viewing public could actually watch,” he argued. “And fulfill the writer’s mission about the ugly truth of child trafficking.”
The justices questioned where the line is in a “docudrama” or when things are “based on a true story.”
“So under your definition is this a movie of and concerning Mr. Ballard? Or is that they happen to use the same name?” asked Justice John Nielsen.
Gutierrez replied it was a story “inspired by Tim Ballard.” Later in arguments, he noted that Suarez had actually been convicted of criminal charges in Colombia. That was something Bacalski said was not properly before the court and she argued against the veracity of it.
“We also believe the conviction is unreliable, coming from Colombia and really under suspicious circumstances,” she told FOX 13 News outside of court. “That conviction would not likely stand because of the constitutional protections we enjoy in the United States of America.”
Ballard’s attorney, Mark Eisenhut, argued that his client was not involved in the movie-making itself. Ballard was consulted as the film was being created.
“I do not believe there’s any evidence of him producing, writing, directing, anything of that nature,” Eisenhut argued.
The justices took the case under advisement with no timeline for a ruling. The movie, which starred Jim Caviezel as Ballard, went on to become a box office success in 2023.
“She’s very hopeful our justice system will do her justice,” Bacalski said of Suarez outside court.
Ballard faced a number of lawsuits and accusations of misconduct that led to ties being cut with Operation Underground Railroad, the anti-human trafficking organization he founded. He has denied wrongdoing and filed his own defamation lawsuit against some of his accusers.
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