Deseret News | System overload — Child's death still elicits anger, sorrow

From Deseret News archives:

System overload — Child's death still elicits anger, sorrow

By Dennis Romboy and Lucinda Dillon Kinkead
Deseret Morning News

Published: Tuesday, Nov. 16, 2004 9:09 a.m. MST

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Even by admission of Flemal's attorneys, her household was a chaotic, unhealthy place.

"Shelly had a terrible lifestyle," defense attorney Bernie Allen said during the sentencing. "She had people coming in and out of the apartment, she was always on the verge of being evicted, and the house was unkempt.

"We know that they were using a lot of methamphetamine — she and the people that she was with — for many days prior to this."

"But I guess one factor that troubles me most — and it was the aggravating factor, Ms. Flemal — and that is the victim in this particular case. The victim in this case was a child, and the victim in this case was your child. It is the responsibility of mothers and fathers to care for their children, to love and nurture them. Parents are not here to hurt them or abuse them or torture them. Most importantly, parents should not let their children die." — 2nd District Judge Brent W. West, at Shelly Flemal's sentencing hearing April 25, 1996.

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Shelly Flemal was sentenced to five years to life in the Utah State Prison for her daughter's death. She is expected to come before the state Board of Pardons and Parole in January, nearly nine years after she was sentenced.

Flemal, who turned 33 Sunday, refused requests to be interviewed by the Deseret Morning News. She is inmate No. 25045 at the prison and works for a menial wage doing laundry and kitchen work.

She completed the prison's Excell substance abuse treatment program and graduated from high school in 1999. Like most inmates, prison authorities note, she's been in trouble for refusing direct orders and for fighting.

She has had no visitors over the years, according to corrections officials.

Even up until sentencing, Shelly Flemal maintained Courtney Jo's death was an accident.

"That she took CJ to bed with her and that when she woke up CJ was deceased is basically what she can tell us," defense attorney Allen told the court at sentencing.

Courtney Jo would have celebrated her 14th birthday Nov. 11.

E-mail: lucy@desnews.com; romboy@desnews.com