Former officer fights venue ruling in molestation case

FARMINGTON — The case against a former law enforcement officer charged with molesting young girls might be heading to the Utah Supreme Court to appeal a district judge's refusal to allow a change of venue.

That means a district court trial set for next week will not take place as scheduled.

Aaron Marcos Montoya, 33, was charged with 10 counts of aggravated child sexual abuse after Syracuse police investigated reports that Montoya allegedly molested nine girls in his home, during outings or in his Primary class at church.

The girls range in age from 3 to 11. Soon after the charges were filed, Montoya was fired from his job with the Salt Lake County sheriff's office.

Second District Judge Thomas Kay on Wednesday denied a motion by Montoya's lawyer, Ed Brass, to move the trial to another venue. Brass said he plans to appeal the decision to the Supreme Court. If the high court accepts the case, nothing will happen on a district court level until the Supreme Court makes a ruling.

"My feeling is that the nature of the allegations are such that in a locale that is close to where the crimes are alleged to have occurred, he cannot receive a fair trial," Brass said. "A police officer who allegedly molested children in a Sunday School of the predominant religion? I don't think people could set aside the emotional aspects of the case and be fair."

Kay responded that the case would be emotional no matter what, and Brass said he agreed with that idea but said, "The emotional level will be lessened the further you get away from the place."

Brass also argued that pretrial publicity would make seating an impartial jury difficult, although Kay noted that juries have been seated in other high-profile cases such as Robert Weitzel, the doctor acquitted of killing five of his patients, and defendants in the Motel 6 case where a man was shot to death during a robbery.

"My answer to that is those are different cases," Brass said. "Those are cases where adults were alleged to have committed homicide against other adults. Those were not an adult in a position of trust who is alleged to have violated that trust by molesting children — that is going to promote a more visceral approach."

The judge also agreed to separate the 10 criminal counts against Montoya. Kay grouped four counts together involving allegations that Montoya molested girls in the Primary class he taught at The Church of Jesus Christ of Latter-day Saints.

Prosecutor Troy Rawlings has agreed that two counts should not have been filed in Davis County, but rather Weber County because the alleged molestations took place during outings that occurred there.

It is up to the prosecutor to present to the court how he wants to handle the remaining four cases — whether they will be handled in four separate trials or grouped together in some fashion.

The judge also has taken under advisement how to handle testimony from the children, whether they can testify from the judge's chambers via closed circuit television or on the witness stand in court.

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E-mail: lindat@desnews.com