Killpack verdict raising questions

PROVO — A day after jurors returned a perplexing verdict in the child abuse homicide case against Richard and Jennete Killpack, questions still abound.

Richard Killpack was acquitted in the 2002 death of their 4-year-old adopted daughter, Cassandra, while Jennete was found guilty.

The decision stunned the defendants and attorneys on both sides alike and left no clear victor in a difficult case that took more than three years to work itself to trial.

"I was surprised," said Sheldon Carter, Richard Killpack's attorney. "I felt confident that there was a definite case of reasonable doubt established for both wife and husband, but the jury didn't see it that way."

Jurors are declining requests to discuss how they reached that verdict. Three jurors contacted Tuesday by the Deseret Morning News declined to comment, while a message left at the home of a fourth juror was not returned.

Carter said he believes the split verdict was a sign that the jury didn't completely buy into the state's case.

Prosecutors argued the Killpacks forced Cassandra to drink up to two gallons of water as a method of punishment, which caused her death by water intoxication, a condition that causes the brain to swell and the body's sodium level to hit a deadly low.

Attorneys for the Killpacks argued that the couple had been instructed to administer the water therapy by therapists and did not know it could be lethal. They also argued the amount of water Cassandra drank was substantially less than a gallon.

"If you believe the state's case, the water consumption would have had to occur between 1 and 3 p.m., which is impossible," Carter said.

Carter said he is always critical of himself after a case. And although this one is technically a win because his client was acquitted, he said he wishes he had attacked the prosecution's witnesses more aggressively and created more doubt.

Mike Esplin, Jennete Killpack's attorney, and Sherry Ragan, the Utah County Deputy Attorney who prosecuted the case, could not be reached for comment.

Jennete Killpack now faces sentencing on Dec. 7 at which she could receive a prison term of one to 15 years on the second degree felony. While Carter said he doesn't anticipate leniency based on the fact her husband was acquitted, he said there are other circumstances that should cause the judge to show some mercy.

"This is a mother," Carter said. "She has four kids at home. There are some exceptional circumstances in this case that I think should call for leniency, but I'm not the one wearing the robe."

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E-mail: jtwitchell@desnews.com