Utah Supreme Court turns down widows' appeal
The Utah Supreme Court told two widows Friday that it cannot do anything to overturn a plea bargain for the driver who caused an accident that killed both of their husbands.
Peggy and Patricia Hay argued that their rights as victims were violated because they were not told about the plea deal arranged by former Duchesne County Attorney Karen Allen. Because of this, Peggy and Patricia Hay said they were not able to provide victim-impact statements at the driver's sentencing.
The two women were traveling with their husbands, brothers John Hay, 60, and Day Hay, 61, to Colorado in 2005 when Brandon R. Lane tried to pass a semitrailer on U.S. 40 and crashed into their vehicle head-on, killing the Hay brothers. The two women were seriously injured.
Peggy and Patricia Hay said they had been assured by Allen that Lane was going to plead guilty to one count of negligent homicide and that a second count of negligent homicide would be a plea in abeyance, which means it would be cleared from his record if he complied with certain probation conditions.
However, Allen asked the judge for two pleas in abeyance for Lane, according to the Hay sisters-in-law, and never told them about the details of the plea bargain.
Allen has said she did tell the widows.
The Supreme Court said Friday that since neither the prosecutors nor defense attorneys asked to have the plea bargain overturned, victims cannot do that on their own, because technically they are not a party to a criminal case. Only the state and the defendant are actual parties.
This case also has been dismissed on the district-court level because Lane did do everything the district-court judge required him to do to fulfill the terms of the plea in abeyance that was entered.
"Our hands are tied," the high court said.
However, the justices did say the allegations of fraud that Peggy and Patricia Hay raised against Allen are "serious and troubling" and, if these are true, "warrant investigation in another, more appropriate setting."
Crime victims do have certain rights under the Victims' Rights Amendment to the Utah Constitution and the Rights of Crime Victims Act, according to the unanimous ruling written by Chief Justice Christine Durham.
"We hope and expect that the trial courts will continue to be vigilant in their efforts to recognize crime victims' constitutional rights and ensure those rights are protected and upheld in a timely fashion during the trial process," the ruling states.
E-MAIL: lindat@desnews.com
Recent comments
This Plea and Abayence that's going on is a lazy DA's way of making...
Bill | June 12, 2009 at 4:52 p.m.
Kill two people, seriously injure two more, and get off with less...
Bud | June 12, 2009 at 4:17 p.m.
Another example of our great justice system in action.
Yeah! | June 12, 2009 at 3:50 p.m.
- Cougars beat Utes in overtime 1:11 a.m.
- UVU beats SUU; USU wins big 12:57 a.m.
- BYU spikers end season with a loss 12:55 a.m.
- Iverson may be headed to 76ers 12:34 a.m.
- Credit Coug defense for win 12:33 a.m.
- Aggies blow away T-birds 12:32 a.m.
- Mo steals show in Cavaliers' victory 12:31 a.m.
- Editorial: Facilitate Big Brother? 12:22 a.m.
- Mom befriends wife of PTSD vet 12:21 a.m.
- Political clash over U.S. debt 12:21 a.m.
- Cave to be sealed with body inside
- Predicting the unpredictable: BYU wins
- Hall mouths off about hate of Utah
- Vegas, Poinsettia bowls or bust
- BYU football: 5 keys to victory
- Glover gives Utes last-second upset
- Cougars beat Utes in overtime
- Cougars turn back Wildcats'
- Man trapped in Nutty Putty cave dies
- BYU is champion of the state
- Cougars beat Utes in overtime
396 - Hall mouths off about hate of Utah
150 - Thunder rolls by Jazz
136 - Cave to be sealed with body inside
115 - Man trapped in Nutty Putty cave dies
115 - Editorial: Poor welcome for Palin
113 - Rivalry Week is highly profane
88 - Hall's legacy measured today
75 - Y. focused on 10-win season
73 - Letters: C02 causes warming
70
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
watch out for next year for sure, the negatives are just closet (and...
And something else, I generally follow players from the state schools when...
I could care less that Max Hall said what he did. The feeling is mutual BYU...
Dear Max, probably could have done without that comment. Probably would've...
As a Utah fan, let me first say congratulations to Max Hall, the Cougars, and...
Geno's and Pat's are good.. but, they are mostly for tourists, the real...
(You even got a middle initial... how's that for 'ya Max) It's nice to see...
Even today, I still cannot get enough of this movie or Charles Gitonga Maina....
...disappointed with Max Hall's comments that he hates everything about UofU....
Over the last few days I read comments of people complaining about tasteless...


