Jury convicts Nielsen in Hyrum murder case

Published: Wednesday, Jan. 21 2004 5:41 p.m. MST

LOGAN — A jury on Wednesday convicted Cody Lynn Nielsen of capital murder and four other felony counts in the kidnapping death of a 15-year-old Hyrum girl.

The jury entered the decision after about four hours of deliberation.

Nielsen, 31, already serving a prison sentence for theft and unlawful sexual activity with a minor, was accused of kidnapping and sexually abusing Trisha Autry before beating her to death, dismembering her body and burning and burying the pieces.

The girl was missing for nearly a year before pieces of her remains were unearthed in May 2001 at the Predator Research Laboratory in Millville, where Nielsen had worked at the time of the slaying.

Defense attorneys had previously indicated they would call Nielsen to testify, but opted not to.

They contended the prosecution had provided only circumstantial evidence and failed to prove its case.

Nielsen originally pleaded guilty to capital murder in a deal that spared him a possible death penalty. Later, he was allowed to withdraw his plea, and now once again faces a possible death sentence.

Nielsen was also charged Wednesday with first-degree felony aggravated kidnapping, second-degree felony kidnapping and two third-degree felony counts of desecration of a human body.

The Hyrum teen's mother, JoAnn Autry, sat through Wednesday morning's closing arguments holding two wallet-size photographs of her daughter.

Earlier Wednesday in his closing argument, defense attorney Shannon Demler criticized the state's evidence as insufficient to prove any of the elements of the charges.

"Mr. Wyatt likes to get up here and say all these horrible and gruesome things," Demler said. "Where's the evidence?"

Prosecutors failed to prove even the most basic elements of the crimes, Demler said. Questions such as how and where Autry died remain unanswered, he said.

"What the state wants you to do is speculate," Demler said. "Speculation is doubt, speculation is lack of evidence."

"If the state can't answer these questions for you, then you must find the defendant not guilty."

Special prosecutor Scott Wyatt disagreed, saying jurors could reach the "most reasonable conclusion" based on the evidence presented.

Get The Deseret News Everywhere

Subscribe

Mobile

RSS