Hatch trial gets hung up on ties

PROVO — The ties that bind formed a knot for prosecutors Wednesday as questioning of Robert Steven Hatch's older sister turned into an exploration of her relationship with Mike Pino — the man who was in Sharee Hatch's house the night she was killed.

"This was an attempt by the state to tarnish the Hatch name," argued Hatch's defense attorney Jack Morgan, who contested prosecutor David Wayment's suggestion that a previous romantic relationship between Nicki Warner and Pino was evidence of prior animosity.

Fourth District Judge Fred Howard acknowledged the potential for juror prejudice and ruled to strike the "unfortunate examination" from the court record.

"That testimony is irrelevant to these proceedings," Howard read from a statement prepared for jurors, instructing them to discount Warner's testimony, which constituted part of the prosecution's rebuttal to defense witnesses.

Prosecutors seek to prove Robert Steven Hatch shot Sharee Hatch while her boyfriend, Mike Pino, searched vainly in a nearby closet for a pellet gun. Defense attorneys, however, insist that Pino framed Hatch for the murder.

Morgan previously pointed to an ankle injury that had Pino limping when officers arrived at the crime scene as evidence that Pino, not Robert Steven Hatch, kicked open Sharee Hatch's bedroom door and fired the fatal shots.

Witnesses testified Wednesday, however, that Pino had sustained two different waterskiing injuries in the days preceding the murder.

"His ankle was all red and you could see where his hair had been pulled out," testified the victim's brother-in-law, Chad Leek. "He was limping pretty good."

"He crashed pretty bad," added Pino's sister, Lisa DeSorcy. "He mentioned that he thought he ripped his foot off."

Both testimonies added to a list of relatives who have testified during the three-week trial. Other unrelated witnesses have also testified to multiple connections to the victim, the suspect or other witnesses — largely due to the tight-knit community where Sharee Hatch died.

"I've known Steve for quite a long time," inmate Clifton Bryan testified Thursday. "I used to date his sister, Nicki."

Robert Hatch, however, declined to testify on his behalf Wednesday, despite defense attorneys' willingness to do so.

"He has advised us that it is not his desire to testify," Morgan said.

Both sides will present closing arguments Friday when the trial resumes. Depending on the time jurors need to evaluate the case, a verdict may be read that day. If not, the deliberation will resume Monday morning.

"A reasonable doubt is a doubt based on reason," Howard reminded jurors. "A unanimous concurrence is required."

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E-mail: lwarner@desnews.com